Allowed

Mohd Shadab v. State of U.P.

Allahabad HC2 Nov 2018BAIL/27579/2018

Case brief

AI extract

What is this about?

The Single Judge allowed the bail application of Mohd Shadab, an accused in a case under the U.P. Prevention of Cow Slaughter Act and Arms Act, releasing him on personal bond and two sureties upon specific conditions.

What did the court decide?

The applicant is released on bail upon furnishing a personal bond and two sureties each in the like amount, subject to five specific conditions of bail.

Mohd Shadab Vs State of U.P. — Allahabad HC (2018) — LawSathi Research

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Court No. - 27

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27579 of 2018

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Applicant :- Mohd Shadab Opposite Party :- State Of U.P. Counsel for Applicant :- Prem Prakash Yadav,Arvind Kumar Yadav,Ashok Kumar Singh,Pratibha Singh Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Counter affidavit filed today on behalf of the State, is taken on record.

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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 accusedapplicant Mohd.Shadab alleging that on 07.06.2018, 55 kg. beef was recovered by the Police personnel from the possession of Mohd.Shadab.

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Learned counsel for the applicant submitted that the applicant is languishing in jail since 08.06.2018 (about five months); having no case of criminal history; nothing was recovered on the pointing out the applicant or from possession of the applicant; there is no independent witness; the applicant is innocent and has been falsely implicated in the present case 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 Mohd.Shadab involved in Case Crime No.75 of 2018, under Section 5/8 of U.P. Prevention of Cow Slaughter Act and 4/25 Arms Act, P.S.-Kheta Sarai, District- Jaunpur, 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 :- 2.11.2018 SKD

Mohd Shadab v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mohd Shadab v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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