Allowed

Faheem Alias Panga v. State of U.P.

Allahabad HC11 Jul 2018BAIL/9143/2018

Case brief

AI extract

What is this about?

Criminal Miscellaneous Bail Application in a cow slaughter case. The Court allowed the bail application, finding that the applicant made out a case for release on furnishing personal bond and sureties subject to standard conditions.

What did the court decide?

Bail allowed on personal bond and two sureties; restrictions remain on tampering with evidence, intimidating witnesses, and committing further offences.

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

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Court No. - 41

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9143 of 2018

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Applicant :- Faheem Alias Panga Opposite Party :- State Of U.P. Counsel for Applicant :- Sarvesh Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Counter affidavit filed today is taken on record.

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

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According to prosecution case, on 7.5.2017 police recovered 60 kg. beef and instruments relating to slaughtering from the place of occurrence but all the accused namely Rana, Shabboo, Faheem @ Panga and Sahrun fled away from the spot.

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It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. He is languishing in jail since 19.1.2018(more than five and half months). Criminal history of six cases have been explained. They have not been arrested on spot. Police has planted recovery to show good work. There was no independent witness. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the 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.

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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 view that the applicant has made out a case for bail. The bail application is allowed.

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Let applicant Faheem Alias Panga involved in Case Crime No.51 of 2017, under Section 3/5/8 of Cow Slaughter Act, Police Station Satti, District Kanpur Dehat 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

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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 :- 11.7.2018

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P.P.

Faheem Alias Panga v. State of U.P.

Case brief

What is this about?

What did the court decide?

Faheem Alias Panga v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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