Shahid v. State of U.P.
Case brief
What is this about?
Court allowed bail for applicant Shahid charged under U.P. Cow Slaughter Act, noting false implication, lack of recovery, and co-accused's release, imposing standard bail conditions.
What did the court decide?
Ordering release on bail on personal bond and two sureties subject to standard conditions including non-tampering and appearance in court.
What the court decided
Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17755 of 2018
Applicant :- Shahid Opposite Party :- State Of U.P. Counsel for Applicant :- Rakesh Pati Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for applicant and learned A.G.A. and perused the record.
According to prosecution case, F.I.R was lodged against this accused Shahid and Israr Kureshi, alleging that on 24.12.2017, 2.5 quintal beef and instrument relating to slaughtering was recovered from them.
It is submitted by the learned counsel for the applicant that recovery is false and planted. Co-accused namely Israr Kureshi has already been granted bail by co-ordinate Bench of this Court vide order dated 11.04.2018 in Criminal Misc.Bail Application No.13168 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. There is no evidence to connect the applicant with the present matter. There is no independent witness against the applicant. Nothing was recovered from the possession of applicant. The applicant is innocent and have been falsely implicated in the present case. He is languishing in jail since 24.12.2017 (more than seven months) having no criminal history. Applicant was not arrested on the spot. Nothing was recovered from the possession of the applicant. He has been falsely implicated by the police to show his good work. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Issues for consideration
1 issue framed by the court
Whether the application for bail in a cow slaughter case should be allowed given the lack of direct evidence and co-accused's prior release?
Parties & counsel
- applicant
Shahid
Coram
Aniruddha Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- BAIL/17755/2018
Similar cases
Judgements on the same questions, provisions and authorities, from every court