Allowed

Chahat v. State of U.P.

Allahabad HC15 Jul 2019BAIL/27998/2019

Case brief

AI extract

What is this about?

The High Court Court No. - 75 granted bail to the applicant Chahat, involved in a criminal case under the U.P. Prevention of Cow Slaughter Act. The court imposed conditions including ensuring no tampering with evidence, cooperation in trial, and no reoffending, requiring a personal bond and two sureties.

What did the court decide?

Release on bail furnished with a personal bond and two sureties each in the like amount.

Chahat 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. - 27998 of 2019

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Applicant :- Chahat Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd. Akbar Shah Alam Khan Counsel for Opposite Party :- G.A.

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Hon'ble Krishna Pratap Singh,J.

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Heard Mr. Mohd. Akbar Shah Alam Khan, learned counsel for the applicant as well as Mr. Santosh Kumar Upadhyay, 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 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 also submitted by the learned counsel for the applicant that the name of the applicant has been surfaced in the confessional statement of coaccused Afzal. 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 12.05.2019. 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 Chahat, involved in case crime No. 216 of 2019, under sections 3/5/8 of U.P. Prevention of Cow Slaughter Act PS Jhinjhana, District Shamli, 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 :- 15.7.2019 Sazia

Chahat v. State of U.P.

Case brief

What is this about?

What did the court decide?

Chahat v. State of U.P.

Case brief

What is this about?

What did the court decide?

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