Allowed

Sadab @ Nizamudeen v. State of U.P.

Allahabad HC2 May 2019BAIL/15232/2019

Case brief

AI extract

What is this about?

In a criminal miscellaneous bail application, the Single Judge allowed the applicant's plea for bail. The court noted the severity of punishment and potential tampering but did not express an opinion on the case's merits. Bail was granted subject to conditions regarding non-tampering and appearance.

What did the court decide?

Release of the applicant on bail by furnishing a personal bond and two sureties each in the like amount, subject to standard conditions.

Sadab @ Nizamudeen Vs State of U.P. — Cheating and Forgery | Allahabad HC (2019)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15232 of 2019

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Applicant :- Sadab @ Nizamudeen Opposite Party :- State Of U.P. Counsel for Applicant :- Jitendra Kumar Pandey,Pankaj Dwivedi

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Counsel for Opposite Party :- G.A.

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Hon'ble Ram Krishna Gautam,J.

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

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By means of this application, the applicant Sadab @ Nizamudeen, who is involved in Case Crime No. 42 of 2019, under Sections 419, 420 I.P.C. & Section 3/5/8 of U.P. Prevention of Cow Slaughter Act, P.S. Thariyawa, District Fatehpur, is seeking enlargement on bail.

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It has been submitted by learned counsel for applicant that applicant is innocent; he has been falsely implicated in this very case crime number, in which recovery of 1200 Kg. beef meat was shown from the joint possession of four accused persons including the present accused-applicant, loaded over a pickup bearing Registration No. UP44AT-9926 being driven by Asif Ali; accused-applicant is of no concern with alleged offence; neither there is any independent public eyewitness of the alleged recovery nor there was any slaughtering of cow species, hence bail has been prayed for.

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Learned A.G.A. vehemently opposed the prayer for bail.

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Considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.

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Let the applicant Sadab @ Nizamudeen , involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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Order Date :- 2.5.2019 NS

Sadab @ Nizamudeen v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sadab @ Nizamudeen 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

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Parties & counsel

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