Allowed

Abid v. State of U.P.

Allahabad HC4 Apr 2019BAIL/13912/2019

Case brief

AI extract

What is this about?

In a bail application under the Cow Slaughter Act, the court granted release on bail to the applicant citing parity with co-accused who were previously granted bail, emphasizing the need for cooperation during trial and absence of unlawful activities.

What did the court decide?

Released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned.

Abid Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13912 of 2019 Applicant :- Abid Opposite Party :- State Of U.P. Counsel for Applicant :- Gyan Chandra Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Gyan Chandra Yadav, learned counsel for the applicant, Sri Abhinav Prasad learned AGA appearing for the State and perused the material brought on record.

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It is contended that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It has been contended by the learned counsel for the applicant that co-accused persons namely Naushad, Tarbin, Ismail @ Ijrayel, Wasid and Irfan having similar role have been granted bail by this Court vide orders dated 5.3.2019, 8.3.2019, 12.3.2019, and 14.3.2019 passed in Crl. Misc. Bail Application No. 9308, 10157, 10639 and 11034 of 2019 respectively. copies of the said order has been produced by the learned counsel for the applicant, which is taken on record and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. It is further contended that Criminal history of the applicant has been explained in paragraph 20 of the affidavit filed in support of bail application and some bail orders have been produced today before the Court which is taken on record. The applicant is in jail since 30.12.2018.

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Learned A.G.A. has vehemently opposed the prayer without disputing the fact that co-accused has been granted bail.

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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, I find it to be a case of bail.

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Let applicant- Abid, be released on bail in Case Crime No. 1262 of 2018, under Sections 3/5/8 of Cow Slaughter Act, Police Station- Masuri, District- Ghaziabad, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release. (ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 4.4.2019

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ssm

Abid v. State of U.P.

Case brief

What is this about?

What did the court decide?

Abid v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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