Allowed

Hafeez v. State of U.P.

Allahabad HC1 Aug 2018BAIL/28792/2018

Case brief

AI extract

What is this about?

The High Court allowed the bail application of Hafeez accused under the Prevention of Cow Slaughter Act. The court found that recovery was false and no evidence connected the applicant to the crime, noting he had no criminal history.

What did the court decide?

The applicant is released on bail by furnishing a personal bond and two sureties, subject to conditions regarding tampering with evidence, intimidation, and appearance in court.

Hafeez Vs State of U.P. — Anticipatory Bail | Allahabad HC (2018)

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Court No. - 41

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28792 of 2018

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Applicant :- Hafeez Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd. Hasham,Saba Khan Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Learned counsel for the applicant is permitted to correct the jail date.

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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 three accused persons namely, Arkan, Kasim and Hafiz alleging that on 7.5.2018 Akram and Kasim were arrested by the police with one quintal beef, some instruments for slaughtering and accused Hafeez 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. There is no evidence to connect the applicant with the present matter. Applicant was not arrested on the spot. 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 6.6.2018 (near about two 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 Hafeez involved in Case Crime No. 238 of 2018, under Section 3/5/8 Prevention of Cow Slaughter Act, P.S. Sambhal, District Sambhal 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 :- 1.8.2018

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A. Singh

Hafeez v. State of U.P.

Case brief

What is this about?

What did the court decide?

Hafeez v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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