Allowed

Shabnoor v. State of U.P.

Allahabad HC29 Oct 2018BAIL/34559/2018

Case brief

AI extract

What is this about?

This court allowed the bail application of Shabnoor, an accused person charged under the Prevention of Cow Slaughter Act. The court noted the case identity with a co-accused already on bail, the lack of evidence connecting the applicant to the alleged crime, and the applicant's clean record. Bail was granted subject to a personal bond and sureties and standard conditions.

What did the court decide?

Bail granted to the applicant Shabnoor on personal bond and two sureties subject to conditions including appearance in court and non-interference with witnesses.

Shabnoor Vs State of U.P. — Pension and Retirement Benefits | Allahabad HC (2018)

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Court No. - 27

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34559 of 2018

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Applicant :- Shabnoor Opposite Party :- State Of U.P. Counsel for Applicant :- Anuj Bajpai Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Counter affidavit filed by the learned A.G.A. is taken on record. 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, Yamin, Shabunar, Alim alleging that on 23.4.2018 accused Yamin and Shabunar were arrested by the police with scorpio bearing no. HR36-H-5825 and recovered 1.5 quintal beef and accused Aleem fled away. Aleem is the driver of said vehicle.

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Learned counsel for the applicant submitted that the coaccused-Yamin has been enlarged on bail by co-oridnate Bench of this Court vide order dated 26.9.2018 in Criminal Misc. Bail Application No. 36581 of 2018 and the case of the applicant is identical to the case of co-accused who has been enlarged on bail; hence the applicant is also entitled for the same benefit. 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 has no concerned with said vehicle. There is no independent witness against the applicant. Nothing was recovered from the possession of applicant. The applicant is innocent and has been falsely implicated in the present case. He is languishing in jail since 23.4.2018 (more than six 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 the applicant has no criminal history. The case of the applicant is identical to the case of co-accused-Yamin, who has been explained.

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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

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bail. Hence, the bail application is hereby allowed.

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Let the applicant Shabnoor involved in Case Crime No. 207 of 2018, under Section 3/5/8 Prevention of Cow Slaughter Act, P.S. Kanth, District Shahjahanpur 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. Order Date :- 29.10.2018 OP

Shabnoor v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shabnoor v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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