Allowed

Shane Alam v. State of U.P.

Allahabad HC28 Aug 2018BAIL/20068/2018

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application allowed in a prima facie offence of cow slaughter. The applicant, an elderly man in custody since 1.5.2018, was granted bail subject to conditions including non-interference with evidence and witnesses.

What did the court decide?

Applicant released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

Shane Alam Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 41 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20068 of 2018 Applicant :- Shane Alam Opposite Party :- State Of U.P. Counsel for Applicant :- Jai Shanker Malviya Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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According to the prosecution case the F.I.R. was lodged on 1.5.2018 against eight accused persons namely, Gulam, Bhura, Farid, Kallan, Shaney Alam, Danish, Mohd. Rafi and Sharif. Shaney Alam and Kallan were arrested by the Police Personnel and eight quintal beef was recovered. Other accused persons fled away from the place of occurrence.

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Learned counsel for the applicant submitted that applicant is languishing in jail since 1.5.2018 (about four months); one case of criminal history has been explained; there is no independent witness against the applicant. Nothing was recovered from the possession of applicant. The applicant is innocent and has been falsely implicated in the present case; appellant is an old man and is suffering from disease and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.

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Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.

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Let the applicant Shane Alam involved in Case Crime No. 115 of 2018, under Section 3/5/8 of U.P. Cow Slaughter Act and 11 Animals of Cruelty Act, P.S. Mainather, District Moradabad be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

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The applicant will not tamper with the evidence during the trial.

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2.The applicant will not pressurize/ intimidate the prosecution witness.

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3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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5.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 28.8.2018/OP

Shane Alam v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shane Alam v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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