Allowed

Saddam v. State of U.P.

Allahabad HC20 Aug 2018BAIL/26707/2018

Case brief

AI extract

What is this about?

This order grants bail to an applicant accused under the Prevention of Cow Slaughter Act. The court noted false recovery allegations, lack of evidence against the applicant, and granted bail with unconditional bonds and sureties after observing the gravity of the offence and custody duration.

What did the court decide?

Granted bail on furnishing a personal bond and two sureties each in the like amount subject to standard conditions including no tampering with evidence.

Saddam 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. - 26707 of 2018

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Applicant :- Saddam Opposite Party :- State Of U.P. Counsel for Applicant :- Mahesh Kumar 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, F.I.R. was lodged against four accused persons namely, Naseem, Saddam, Mohammad Jisan and Rashid alleging that on 23.3.2018 accused Naseem, Saddam, Mohammad Jisan were arrested by the police and recovered twenty quintal beef and accused Rashid fled away from the place of occurrence.

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It is submitted by learned counsel for the applicant that recovery is false and planted. Co-accused namely Mohammad Jeeshan has already been granted bail by coordinate Bench of this Court vide order dated 22.6.2018 in Criminal Misc. Bail Application No. 23-99 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 23.3.2018 (near about 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 Saddam involved in Case Crime No. 331 of 2018, under Section 3/5/8 Prevention of Cow Slaughter Act, P.S. Khatauli, District Muzaffar Nagar 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 :- 20.8.2018

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A. Singh

Saddam v. State of U.P.

Case brief

What is this about?

What did the court decide?

Saddam v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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