Allowed

Mahfooz v. State of U.P.

Allahabad HC16 Nov 2018BAIL/43739/2018

Case brief

AI extract

What is this about?

Court allowed bail application filed by Mahfooz charged under Prevention of Cow Slaughter Act and IPC. Bench noted coaccused granted bail and absence of independent witnesses, deeming it a fit case for release on personal bond and sureties.

What did the court decide?

Applicant released on bail on personal bond and two sureties with conditions against tampering, intimidation, absconding and committing similar offences.

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

¶1

Court No. - 27

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43739 of 2018

¶3

Applicant :- Mahfooz Opposite Party :- State Of U.P. Counsel for Applicant :- Vikrant Gupta Counsel for Opposite Party :- G.A.

¶4

Hon'ble Aniruddha Singh,J.

¶5

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

¶6

According to the prosecution case ten animals were recovered by the police personnel of Truck Mahendra DI 3200. During investigation, the name of applicant and Anjal (owner of the Truck) were surfaced.

¶7

Learned counsel for the applicant submitted that the applicant is languishing in jail since 15.10.2018 (more than one month); having no previous criminal history. Coaccused namely Anjal @ Afzal has already been granted bail by this Court vide order dated 1.11.2018 in Criminal Misc. Bail Application No. 36406 of 2018, since the role of the applicant is not distinguishable with the role of coaccused, therefore, the applicant is also entitled for bail. There is no independent witness; the applicant is innocent and has been falsely implicated in the present case, There is no allegation of slaughtering. He has no concerned with the so called recovered animals. He was not named in the F.I.R. and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

¶8

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 the applicant has no criminal history.

¶9

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.

¶10

Let the applicant Mahfooz involved in Case Crime No. 280 of 2018, under Section 3/5-A/8 Prevention of Cow Slaughter Act and under Sections 336, 504 and 506 I.P.C, P.S.-Milak, 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:

¶11

The applicant will not tamper with the evidence during

¶12

the trial.

¶13

2.The applicant will not pressurize/ intimidate the prosecution witness.

¶14

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

¶15

4.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.

¶16

5.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.

¶17

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

¶18

Order Date :- 16.11.2018

¶19

A. Singh

Mahfooz v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mahfooz 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

Similar cases

Akram Vs State of U.P.

Sartaj Vs State of U.P.

Mursaleen @ Pampa Vs State of U.P.

Veeru Vs State of U.P.

Yasin Vs State of U.P.

Islamuddin Vs State of U.P.