Allowed

Mohd. Rafi v. State of U.P.

Allahabad HC14 Nov 2018BAIL/43128/2018

Case brief

AI extract

What is this about?

In a bail application under the Prevention of Cow Slaughter Act, the applicant alleged false implication and lack of evidence. The court, without expressing an opinion on the merits of the prosecution case, considered the period of custody and gravity of the offence.

What did the court decide?

Bail granted on furnishing a personal bond and two sureties, subject to conditions regarding evidence tampering, witness intimidation, and appearance in court.

Mohd. Rafi Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2018)

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Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43128 of 2018 Applicant :- Mohd. Rafi Opposite Party :- State Of U.P. Counsel for Applicant :- Ram Kumar Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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

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According to the prosecution case, F.I.R. was lodged against three accused persons namely, Kallu, Mohd. Rafi and Bhura alleging that on 30.7.2018, one slaughtered cow and some instruments for slaughtering were recovered from the place of occurrence and all accused persons fled away.

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It is submitted by learned counsel for the applicant that recovery is false and planted. There is no evidence to connect the applicant with the present matter. Applicant was not arrested on the spot. There is no independent witness against the applicant. Nothing was recovered from the possession of applicant. The applicant is innocent and have been falsely implicated in the present case. He is languishing in jail since 25.9.2018 (more than one and half months) criminal history of three cases has been properly explained and in case he is released on bail, he 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 applicant and admitted that criminal history has been explained.

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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 applicant Mohd. Rafi involved in Case Crime No. 238 of 2018, under Section 3/5/8 Prevention of Cow Slaughter Act, P.S. Mainather, District Moradabad be released on bail on 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 applicant will not tamper with the evidence during the trial.

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The applicant will not pressurize/ intimidate the prosecution witness.

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

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The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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The applicant 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 him 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 :- 14.11.2018//A. Singh

Mohd. Rafi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mohd. Rafi v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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