Court allowed bail application of Ashif Qureshi accused in Case Crime No.232 of 2019 under Section 307 IPC and Cow Slaughter Act, releasing him on personal bond and sureties pending trial.
Released on bail by furnishing personal bond, two reliable sureties, and filing an undertaking, subject to specified conditions.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25612 of 2019
Applicant :- Ashif Qureshi Opposite Party :- State Of U.P. Counsel for Applicant :- Vidya Bhushan Srivastava,Aktar Ahmed Siddiqui,Radhey Shyam Shukla,Rakesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No.232 of 2019, under Section 307 I.P.C. and Section 3/5/8 Cow Slaughter Act, Police Station Tilhar, District Shahjahanpur, applied for bail.
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. Alleged recovery is false and fake. Applicant is in jail since 6.4.2019. It is further submitted that there is no possibility of the applicant's 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.
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.
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.
Accordingly, bail application is allowed .
Let applicant Ashif Qureshi be released on bail in the 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:-
the witnesses.
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.
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 :- 27.9.2019 Manoj
1 issue framed by the court
Whether the applicant, falsely implicated in an offence under Section 307 IPC and Cow Slaughter Act, deserves bail.
Ashif Qureshi
Rajendra Kumar-IV
As recorded by the court registry
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