Allowed

Shahbaz v. State of U.P.

Allahabad HC10 Jul 2019BAIL/25039/2019

Case brief

AI extract

What is this about?

Single judge court disposed of bail application filed by Shahbaz challenging prosecution in cow slaughter case. Court granted bail on personal bond and sureties subject to standard conditions without expressing opinion on merits.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with specific conditions.

Shahbaz Vs State of U.P. — Caste Atrocities | Allahabad HC (2019)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25039 of 2019

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Applicant :- Shahbaz Opposite Party :- State Of U.P. Counsel for Applicant :- Ram Kumar Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Krishna Pratap Singh,J.

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Heard Mr. Som Deo Dixit, holding brief of Mr. Ram Kumar Dubey, learned counsel for the applicant as well as Mr. C.L. Singh, learned AGA for the State and perused the material placed on record.

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It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It is further submitted that the alleged recovery of beef and other incriminating articles is false, fabricated and concocted. In fact, no such recovery was effected from the possession of the applicant. Learned counsel for the applicant submits that the applicant has no concern with the alleged recovery. There is no public witness of the alleged recovery. It is also submitted by the learned counsel for the applicant that similarly placed coaccused Arif has been granted bail by co-ordinate Bench of this Court vide order dated 02.07.2019 in Criminal Misc. Bail Application No. 26028 of 2019. It is next contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence.The applicant is languishing in jail since 15.04.2019. He does not have any criminal history to his credit. In case, the applicant is released on bail he will not misuse the liberty of bail.

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Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.

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Having considered the submissions of the parties and without expressing any opinion on the merits, let the applicant Shahbaz, involved in case crime No. 90 of 2019, under sections 3/5/8 of U.P. Prevention of Cow Slaughter Act PS Barahapur, District Bijnor be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 10.7.2019 Sazia

Shahbaz v. State of U.P.

Case brief

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Shahbaz v. State of U.P.

Case brief

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