Allowed

Nazim v. State of U.P.

Allahabad HC24 Oct 2018BAIL/34590/2018

Case brief

AI extract

What is this about?

The single-judge court granted bail to the applicant Nazim in a case under the U.P. Prevention of Cow Slaughter Act, 1955, subject to furnishing a personal bond and two sureties and adhering to specific conditions regarding conduct and witness interference.

What did the court decide?

Released on bail furnishing personal bond and two reliable sureties subject to conditions of conduct and appearance.

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

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Court No. - 50

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34590 of 2018

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Applicant :- Nazim Opposite Party :- State Of U.P. Counsel for Applicant :- Irshad Ahmad, Anuj Kumar Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Gupta, J.

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Learned AGA has filed counter affidavit on behalf of the State today in the Court, which is taken on record.

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Learned counsel for the applicant has filed rejoinder affidavit today in the Court, which is also taken on record.

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Heard learned counsel for applicant, learned AGA for the State and perused the record.

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This bail application has been filed by the applicant Nazim seeking bail in Case Crime No. 199 of 2018, under Sections 3, 5 and 8 of U.P. Prevention of Cow Slaughter Act, 1955, Police Station Asmauli, District Sambhal.

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Learned counsel for the applicant has submitted that in the FIR as many as six persons have been nominated as accused and the police has shown the recovery of 1.5 quintal of beef and instrument of slaughtering from the place of occurrence.

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He has further submitted that four accused persons fled away while the applicant Nazim and one Mohd. Husain was arrested on the spot.

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Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case

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on account of ulterior motive. The applicant has no criminal history to his credit and there is no independent witness to corroborate the said recovery.

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He has further submitted that the applicant is in jail since 02.06.2018 and in case, the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from the judicial process and tampering with the evidence.

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Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.

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Let the applicant Nazim be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-

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(i) The applicant shall not indulge in any criminal activity.

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(ii) The applicant shall not tamper with the prosecution evidence.

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(iii) The applicant shall not pressurize the prosecution witnesses.

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(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.

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In case of default of any of the conditions enumerated above, it will

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be open to the opposite parties to approach the Court for cancellation of bail.

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Order Date :- 24.10.2018 Nadim

Nazim v. State of U.P.

Case brief

What is this about?

What did the court decide?

Nazim v. State of U.P.

Case brief

What is this about?

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