Shahnawaj v. State of U.P.
Case brief
What is this about?
Court granted bail to the applicant in a charge under the Prevention of Cow Slaughter Act, citing false implication and relying on Apex Court precedents despite criminal history.
What did the court decide?
Released on bail executing a personal bond and furnishing two sureties subject to strict conditions of presence and undertakings.
What the court decided
Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3068 of 2019
Applicant :- Shahnawaj Opposite Party :- State Of U.P. Counsel for Applicant :- Alok Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Alok Kumar Singh, learned counsel for the applicant and learned AGA for the State and also perused the record. It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive by the police in order to show their good work and he has committed no offence. False recovery of 80 kg. meat of prohibited animal was shown by the police from the possession of the other co-accused. In fact, nothing has been recovered from his possession. There was no independent of public witness of the alleged recovery. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. Co-accused Munnar and Shakeel have already been enlarged on bail vide order dated 6.12.2019 passed in Criminal Misc.Bail Application No.46725 of 2018. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 18.12.2019.
Learned A.G.A. opposed the prayer for bail that the there are criminal history against the applicant.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to be released on bail considering the allegations of false implication and criminal history.
Whether the applicant feels ready to cooperate with the process of law and appear before the court.
Parties & counsel
- applicant
Shahnawaj
Coram
Vivek Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · March
- Registered
- Case no.
- BAIL/3068/2019
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