Allowed

Javed v. State of U.P.

Allahabad HC14 Nov 2018BAIL/30046/2018

Case brief

AI extract

What is this about?

The Court allowed a bail application filed by Javed, who was arrested in relation to the alleged possession of beef. The applicant had no criminal history and no specific recovery linked to him. The court ruled it was a fit case for bail and granted release subject to personal bond and two sureties, along with standard conditions regarding witness intimidation and appearing for trial.

What did the court decide?

The applicant was released on bail by furnishing a personal bond and two sureties in the like amount, subject to conditions preventing tampering with evidence, intimidation of witnesses, and subsequen

Javed Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30046 of 2018 Applicant :- Javed Opposite Party :- State Of U.P. Counsel for Applicant :- Virendra Kumar Jaiswal,Ashok Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Counter affidavit filed by learned A.G.A. 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, Javed and Nazim were arrested by the Police personnel and 80 kg. beef was recovered. Three accused persons, namely Israr @ Gunga, Jahid and Matloob @ Muttu fled away.

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Learned counsel for the applicant submitted that the applicant is languishing in jail since 14.6.2018 (five months); having no criminal history; nothing was recovered on the pointing out the applicant or from possession of the applicant; recovery was planted by the Police; 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 and admitted that the 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 Javed involved in Case Crime No. 207 of 2018, under Section 3/5/8 of U.P. Prevention of Cow Slaughter Act, P.S.-Hapur Dehat, District-Hapur 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 appellant will not tamper with the evidence during the trial.

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2.The appellant will not pressurize/ intimidate the prosecution witness.

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3.The appellant will appear before the trial court on the date fixed, unless personal presence is exempted.

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4.The appellant 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 appellant 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 :- 14.11.2018/OP

Javed v. State of U.P.

Case brief

What is this about?

What did the court decide?

Javed v. State of U.P.

Case brief

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