Firoz v. State of U.P.
Case brief
What is this about?
In a bail application under the Prevention of Cow Slaughter Act, the single judge observed that the applicant was falsely implicated, denied recovery, and had an explained criminal history. The court held it was a fit case for bail.
What did the court decide?
The applicant released on bail by furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to specified conditions.
What the court decided
Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28790 of 2018
Applicant :- Firoz Opposite Party :- State Of U.P. Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Second supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to the prosecution case, F.I.R. was lodged against five accused persons namely, Amaruddin, Bhura, Firoj, Imamuddin and Bhura alleging that on 26.3.2018 accused Amaruddin, Bhura, Firoj were arrested by the police and recovered one quintal beef and some instruments for slaughtering and accused persons Imamuddin and Bhura fled away from the place of occurrence.
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. Recovery memo (fard) has not been prepared by Investigating Officer. 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 26.3.2018 (more than five months) criminal history of twelve cases 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.
Issues for consideration
1 issue framed by the court
Whether the applicant Firoz is entitled to bail in a case under the Prevention of Cow Slaughter Act given the lack of independent evidence against him and the admitted omission in initial prosecution
Parties & counsel
- applicant
Firoz
Coram
Aniruddha Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- BAIL/28790/2018
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