Allowed

Sadaqat v. State of U.P.

Allahabad HC19 Jul 2019BAIL/27794/2019

Case brief

AI extract

What is this about?

In this bail application under the U.P. Prevention of Cow Slaughter Act, the court granted bail to the applicant on the furnishing of a personal bond and two sureties, subject to specified conditions regarding the conduct during trial and prohibition of further crimes.

What did the court decide?

Bail allowed on personal bond and two sureties subject to conditions regarding conduct and prohibition of tampering with evidence.

Sadaqat Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2019)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27794 of 2019

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Applicant :- Sadaqat Opposite Party :- State Of U.P. Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A.

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Hon'ble Krishna Pratap Singh,J.

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Supplementary affidavit filed on behalf of the applicant is taken on record.

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Heard Mr. Irshad Ahmad, learned counsel for the applicant as well as Mr. G.P. Gupta, 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 by the learned counsel for the applicant that neither the applicant was apprehended on the spot nor any incriminating articles were recovered from the possession of the applicant. It is also submitted by the learned counsel for the applicant that the alleged recovery of 20 Kgs of beef and other incriminating articles is false, fabricated and concocted. 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 next submitted by the learned counsel for the applicant that criminal history of one case shown against the applicant has been properly explained in paragraph 3 of the supplementary affidavit. It is lastly 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 05.06.2019. 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 Sadaqat, involved in case crime No. 218 of 2019, under sections 3/5/8 of

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U.P. Prevention of Cow Slaughter Act PS Sambhal, District Sambhal, 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 :- 19.7.2019 Sazia

Sadaqat v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sadaqat v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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