Allowed

Imran and 2 Others v. State of U.P.

Allahabad HC27 Sept 2018BAIL/35861/2018

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 35861 of 2018, the court allowed bail for Imran, Saleem, and Salman, who faced charges under the Prevention of Cow Slaughter Act and IPC 420 based on an allegedly false recovery of beef and a car.

What did the court decide?

Release of Imran, Saleem @ Laloo and Salman on bail by furnishing a personal bond and two sureties each, subject to standard conditions.

Imran and 2 Others Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2018)

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Court No. - 41

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35861 of 2018

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Applicant :- Imran And 2 Others Opposite Party :- State Of U.P. Counsel for Applicant :- Shivam Singh,Satyendra Pratap Singh

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Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Supplementary affidavit filed today is taken on record.

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Heard learned counsel for the applicants, Sri D.N. Tiwari, learned A.G.A. for the State and perused the record.

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According to the prosecution case the F.I.R. was lodged against four accused persons namely Imran, Saleem @ Lolu, Salman and Sajjan Khan alleging that on 24.7.2018 a maruti 800 car containing three quintal beef confiscated by the police and all accused persons fled away.

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It is submitted by learned counsel for the applicants that recovery is false and planted. There is no evidence to connect the applicants with the present matter. Applicants have no concerned with said car. There is no independent witness against the applicants. Offence under Section 3/5/8 C.S. Act is not made out against the applicants. Nothing was recovered from the possession of applicants. Applicants were not arrested on the spot. The applicants are innocent and have been falsely implicated in the present case. They are languishing in jail since 8.8.2018 (more than one and half months), applicant no. 1 and 3 have no criminal history and criminal history of one case against the applicant no. 2 has been properly explained and in case they are released on bail, they 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 applicants and admitted that no information is received about ownership of car in question.

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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 applicants Imran, Saleem @ Laloo and Salman involved in Case Crime No. 360 of 2018, under Section 3/5/8 Prevention of Cow Slaughter Act and Section 420 IPC, P.S. Bilsanda, District Pilibhit be released on bail on

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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 applicants will not tamper with the evidence during the trial.

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The applicants will not pressurize/ intimidate the prosecution witness.

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

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The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.

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The applicants 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 them 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 :- 27.9.2018

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A. Singh

Imran and 2 Others v. State of U.P.

Case brief

What is this about?

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Imran and 2 Others v. State of U.P.

Case brief

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