Allowed

Asif Qurashi v. State of U.P.

Allahabad HC12 Jul 2018BAIL/25957/2018

Case brief

AI extract

What is this about?

In this bail application, the High Court of Uttar Pradesh, through a single judge, considered the submissions regarding false implications and lack of evidence connecting the applicant to the alleged offense of beef smuggling.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties, subject to five specific conditions regarding tampering, intimidation, and appearance in court.

Asif Qurashi Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2018)

¶1

Court No. - 41 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25957 of 2018 Applicant :- Asif Qurashi Opposite Party :- State Of U.P. Counsel for Applicant :- Umendra Kumar Yadav Counsel for Opposite Party :- G.A.

¶2

Hon'ble Aniruddha Singh,J.

¶3

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

¶4

According to the prosecution case, F.I.R. was lodged against five accused persons namely, Rehan Quraishi, Asif, Raju, Mohatshim and Soharav alleging that on 22.4.2018, accused Rehan Qurashia was arrested by the police with 60 Kg. beef and some instruments for slaughtering and other accused persons fled away.

¶5

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. Applicant was not arrested on the spot. The applicant is innocent and have been falsely implicated in the present case. Police has falsely planted for showing his good work. He is languishing in jail since 22.4.2018 (more than two and half 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.

¶6

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.

¶7

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.

¶8

Let the applicant Asif Qurashi involved in Case Crime No. 293 of 2018, under Section 3/5/8 Prevention of Cow Slaughter Act, P.S. Tilhar, District Shahjahanpur 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:

¶9

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

¶10

The applicant will not pressurize/ intimidate the prosecution witness.

¶11

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

¶12

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.

¶13

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.

¶14

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

¶15

Order Date :- 12.7.2018//A. Singh

Asif Qurashi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Asif Qurashi v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Chhotey Alias Nafees Vs State of U.P.

Dhruv Kumar Agarwal Vs Mukund Agarwal

Faheem Alias Panga Vs State of U.P.

Balveer Vs State of U.P.

Deepanshu @ Dollar Vs State of U.P.

Jogender Singh Vs State of U.P.