Allowed

zakir alias chuhha v. State of U.P.

Allahabad HC2 Feb 2018BAIL/3876/2018

Case brief

AI extract

What is this about?

The court granted bail to the applicant, a vehicle driver alleged to be involved in cow slaughter and theft. Despite accusations of false implication and lack of independent witnesses, the court considered the severity of punishment and prima facie satisfaction of the charge, ordering release on personal bond with sureties.

What did the court decide?

Release of applicant on bail with personal bond and two sureties on conditions of cooperation and non-interference.

zakir alias chuhha Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2018)

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Court No. - 23

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3876 of 2018

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Applicant :- Zakir Alias Chuhha Opposite Party :- State Of U.P. Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- A.G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Irshad Ahmad, learned counsel for the applicant and Sri Vikas Rana, learned A.G.A. appearing for the State.

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Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case. It is submitted that one cow is alleged to have been recovered from the vehicle of the applicant. The applicant is the driver of vehicle. There is no independent witness in the present case. No case under section 3/5/8 of Cow Slaughter Act is made out against the applicant.

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Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 28.11.2017 . The applicant has no other reported criminal antecedent.

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Learned A.G.A. opposed the prayer for bail.

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Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment , the applicant is entitled to be released on bail in this case.

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Let the applicant Zakir Alias Chuhha involved in Case Crime No.700 of 2017 under Sections 380,411 I.P.C. and 3/5A/8 of Cow Slaughter Act, Police Station Nakhasa, District Sambhal be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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Order Date :- 2.2.2018 Su

zakir alias chuhha v. State of U.P.

Case brief

What is this about?

What did the court decide?

zakir alias chuhha v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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