Talib v. State of U.P.
Case brief
What is this about?
In a Criminal Misc. Bail Application, the High Court considered a plea for bail by Talib, accused of cow slaughter. The court noted the absence of evidence pointing to the applicant, co-accused bail, and lack of criminal history.
What did the court decide?
Applicant released on bail on furnishing a personal bond and two sureties each in the like amount.
What the court decided
Court No. - 27
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43787 of 2018
Applicant :- Talib Opposite Party :- State Of U.P. Counsel for Applicant :- Vivek Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to the prosecution case, F.I.R was lodged against four accused persons namely Mohd. Ajjam, Talib, Mobin @ Bhura & one unknown person alleging that on 15.7.2018, 250 kg beef was recovered by the Police personnel from the place of occurrence. All accused fled away.
Learned counsel for the applicant submitted that the applicant is languishing in jail since 1.10.2018 (more than one and half month); having no criminal history. Coaccused namely Mobin @ Bhura has already been granted bail by this Court vide order dated 2.11.2018 in Criminal Misc. Bail Application No. 42080 of 2018, since the role of the applicant is not distinguishable with the role of coaccused, therefore, the applicant is also entitled for bail. Nothing was recovered on the pointing out the applicant or from possession of the applicant; there is no case of slaughtering; according to F.I.R. the applicant fled away; there is no independent witness; the applicant is innocent and has been falsely implicated in the present case and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Issues for consideration
1 issue framed by the court
Whether the applicant Talib is entitled to bail in a case involving alleged cow slaughter and recovery of beef.
Parties & counsel
- applicant
Talib
Coram
Aniruddha Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/43787/2018
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