Allowed

Arman Alias Faijan v. State of U.P.

Allahabad HC17 Sept 2019BAIL/22180/2019

Case brief

AI extract

What is this about?

Single judge allowed bail to the applicant accused in an offence under the Cow Slaughter Act. The court granted relief on personal bond and sureties, subject to standard conditions, and directed the trial court to conclude proceedings within one year.

What did the court decide?

Bail granted on personal bond and two sureties with undertaking not to tamper with evidence or commit criminal acts; directed trial to conclude within one year.

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

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22180 of 2019

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Applicant :- Arman Alias Faijan Opposite Party :- State Of U.P. Counsel for Applicant :- Chandra Nath Bhatt Counsel for Opposite Party :- G.A.

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Hon'ble Rajendra Kumar-IV,J.

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

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Accused-applicant, involved in Case Crime No. 30 of 2019, under Section 3/5/8 Cow Slaughter Act, Police Station Hasanpur, District Amroha, applied for bail.

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Learned counsel for the applicant submits that applicant has been falsely implicated in the present case on account of enmity for the purpose of harassment. Applicant committed no offence. A false and fabricated story has been set up by the police. The applicant is not named in the FIR. His name came into light during investigation. He was not arrested on the spot. Alleged recovery is false and fake. Applicant is in jail since 14.03.2019. It is further submitted that there is no possibility of the applicant fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Alleged offence is triable by Magistrate.

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Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant and submitted that two quintal of boven meat of two cow, heads, body, legs has been recovered from the spot.

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Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, alleged recovery from the possession of the applicant and without commenting upon the merit of the case, applicant deserves bail.

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Accordingly, bail application is allowed .

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Let applicant Arman alias Faijan be released on bail in the

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aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-

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The applicant shall not tamper with the evidence or threaten the witnesses.

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The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.

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During trial, he shall not indulge in any criminal activities or case.

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In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.

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However, it is provided that Trial Court shall expedite and conclude the trial within one year from the date of production of certified copy of this order without granting unnecessary adjournment, if there is no legal impediment. Order Date :- 17.9.2019 SKS

Arman Alias Faijan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Arman Alias Faijan v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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