Allowed

Harish v. State of U.P.

Allahabad HC13 Jul 2018BAIL/26029/2018

Case brief

AI extract

What is this about?

In a bail application under the Prevention of Cow Slaughter Act, the court observed that the applicant was not implicated on suspicion and co-accused had been granted bail. Finding no tampering with evidence or false implication, the court allowed bail subject to bond and sureties.

What did the court decide?

The applicant Harish was released on bail on furnishing a personal bond and two reliable sureties.

Harish Vs State of U.P. — Property and Title | Allahabad HC (2018)

¶1

Court No. - 41 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26029 of 2018 Applicant :- Harish Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd Faiz Counsel for Opposite Party :- G.A.

¶2

Hon'ble Aniruddha Singh,J.

¶3

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

¶4

According to prosecution case, FIR was lodged against six accused namely Mujib, Nayeem, Shanu, Harish, Tariq & Chand Miyan alleging that on 20.07.2017, 50 kg beef and instrument relating to slaughtering was recovered from the house of Mujib but all six accused fled away.

¶5

It is submitted by the learned counsel for the applicant that the applicant was not arrested on the spot. Co-accused namely Chand Miyan has already been granted bail by this Court vide order dated 5.7.2018 in Criminal Misc. Bail Application No. 24870 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. No recovery was made from the possession of this accused. He is innocent and has been falsely implicated. Police has falsely planted for showing his good work. There is no independent witness. He is languishing in jail since 29.03.2018 (near about three and half months) criminal history has been properly explained 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 and admitted that criminal history has been properly explained.

¶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, Harish involved in Case Crime No.414 of 2017, under section 3/5/8 Prevention of Cow Slaughter Act, Police Station Sahaswan, District Budaun, be released on bail on furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

¶9

(i) The applicant will not tamper with the evidence during the trial.

¶10

(ii) The applicant will not pressurize/intimidate the prosecution witness.

¶11

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

¶12

(iv) 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

(v) 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 :- 13.7.2018//A. Singh

Harish v. State of U.P.

Case brief

What is this about?

What did the court decide?

Harish 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

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Asif Qurashi Vs State of U.P.

Balveer Vs State of U.P.

Deepanshu @ Dollar Vs State of U.P.

Pushpendra Sharma@Pusi Vs State of U.P.

Nardev Vs State of U.P.

Anil Yadav @ Patti Vs State of U.P.