Allowed
Furkan v. State of U.P.
Allahabad HCBAIL/42233/2018
Case brief
from the order text
What is this about?
Case :- CRIMINAL MISC. BAIL APPLICATION No.…
What the court decided
AI extract
Case :- CRIMINAL MISC. BAIL APPLICATION No.…
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Court No. - 27
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42233 of 2018
Applicant :- Furkan Opposite Party :- State Of U.P. Counsel for Applicant :- Ashutosh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
According to the prosecution case F.I.R. was lodged against three accused persons, namely Shree Furkan, Gurfan and Jarif alleging that on 17.6.2018 one cow and instruments relating to slaughtering were recovered by the Police personnel. All the accused fled away from the place of occurrence.
Learned counsel for the applicant submitted that the applicant is languishing in jail since 4.9.2018 (about two months); having no criminal history; recovery was planted by the Police to show his good work only; nothing was recovered on the pointing out of the applicant or from possession of the applicant; according to F.I.R. the applicant fled away; there is no independent witness; the applicant is innocent and have been falsely implicated in the present case and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
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 the applicants have no criminal history.
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.
Let the applicant Furkan involved in Case Crime No. 433 of 2018, under Section 3/5A/8 of U.P. Prevention of Cow Slaughter Act and 11 Preventions of Animal Cruelty Act, P.S.Shahbad, District-Rampur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
trial.
2.The appellants will not pressurize/ intimidate the prosecution witness.
3.The appellants will appear before the trial court on the date fixed, unless personal presence is exempted.
4.The appellants shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5.The appellant 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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 1.11.2018 OP
Furkan
Aniruddha Singh
As recorded by the court registry
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