Allowed

Asif and Another v. State of U.P.

Allahabad HC15 Mar 2018BAIL/38235/2017

Case brief

AI extract

What is this about?

In an application for bail under various acts related to cow slaughter and cruelty to animals, the Hon'ble Court granted bail to the applicants subject to furnishing bond and sureties. The applicants were directed to cooperate with the trial and avoid tampering with evidence.

What did the court decide?

Applicants released on bail on personal bond and two reliable sureties each, subject to specific conditions regarding trial attendance and witness tampering.

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

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Court No. - 56

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38235 of 2017

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Applicant :- Asif And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Shashi Kant,J.

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Heard Sri Sanjay Kumar Srivastava, learned counsel for applicants, Sri Mohd. Saleem, Brief Holder for the State of U.P. and perused the record.

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The present bail application has been filed by the applicants in Case Crime No. 375 of 2017, under Section 429 IPC; Section 3/11 Prevention of Cruelty to Animal Act; Section 2(c), 3(1)(2) of Uttar Pradesh Prevention of Cow Slaughter Act and 3/8 Cow Slaughter Act, Police Station - Link Road, District - Ghaziabad, with the prayer to enlarge them on bail.

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The submissions of learned counsel for the applicants is that the applicants are innocent and have been falsely implicated in the case. They are having no previous criminal history and are in jail since 01.08.2017. It is further submitted that applicants are Driver and Cleaner of truck and have no knowledge about what has been loaded in the truck. The owner of the beef Asif is another person. In these circumstances, the applicants are entitled for bail. In case of being enlarged on bail, they will not misuse the liberty of bail.

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Learned A.G.A. opposed the prayer for grant of bail to the applicant on the ground that beef has been recovered in a huge quantity from the truck; both the applicants belong to Rajasthan but fairly conceded that applicants are Driver and Cleaner of the truck and there is no criminal history of the applicants.

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Considering the rival submissions of learned counsel for parties, material available on record, ground that abovementioned applicants are Driver and Cleaner of the truck as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.

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Let applicants Asif and Akhtar be released on bail in Case Crime No. 375 of 2017, under Section 429 IPC; Section 3/11 Prevention of Cruelty to Animal Act; Section 2(c), 3(1)(2) of

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Uttar Pradesh Prevention of Cow Slaughter Act and 3/8 Cow Slaughter Act, Police Station - Link Road, District - Ghaziabad, on their furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(1) Applicants will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.

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(2) Applicants will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.

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(3) Applicants shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.

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(4) During pendency of the aforesaid case, the applicant shall appear on 15th of each month before the Police Station concerned to get their attendance registered.

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Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

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A copy of this order shall be provided to the Government Advocate for information and necessary compliance.

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Order Date :- 15.3.2018 KA

Asif and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Asif and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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