Allowed

Nasruddin v. State of U.P.

Allahabad HC12 Sept 2018BAIL/24818/2018

Case brief

AI extract

What is this about?

The Court allowed bail to the applicant charged under the Prevention of Cow Slaughter Act. The Court found the recovery allegations false and noted the applicant's lack of criminal history, ordering release upon furnishing of sureties and compliance with standard bail conditions.

What did the court decide?

Applicant released on bail on furnishing a personal bond and two sureties in equal amount.

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

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Court No. - 41

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24818 of 2018

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Applicant :- Nasruddin Opposite Party :- State Of U.P. Counsel for Applicant :- Mohammad Khalid,Saurabh Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Counter affidavit filed today by learned A.G.A. is taken on record.

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Heard Sri Saurabh Yadav, learned counsel for the applicant, Sri D.N. Tiwari, learned A.G.A. for the State and perused the record.

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According to the prosecution case, F.I.R. was lodged against the applicant alleging that on 23.4.2018 he was arrested by the police and recovered 52 Kg. beef and some instruments for slaughtering.

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It is submitted by learned counsel for the applicant that recovery is false and planted. There is no evidence to connect the applicant with the present matter. There is no independent witness against the applicant. Police has falsely planted to show his good work. 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 12.4.2018 (five months) having no criminal history 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 and admitted that applicant has no criminal history.

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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 Nasruddin involved in Case Crime No. 45 of 2018, under Section 3/5/8 Prevention of Cow Slaughter Act, P.S. Kadar Chowk, District Budaun be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

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

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The applicant will not pressurize/ intimidate the prosecution witness.

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

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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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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 :- 12.9.2018

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A. Singh

Nasruddin v. State of U.P.

Case brief

What is this about?

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Nasruddin v. State of U.P.

Case brief

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