Ikrar v. State of U.P.
Case brief
What is this about?
The High Court ordered bail for applicant Ikrar, who was accused of cow slaughter under the Cow Slaughter Act, citing false implication and evidence tampering risks as grounds for release.
What did the court decide?
Enlargement of bail via personal bond with two sureties totaling Rs. 2.00 lac subject to specified conditions regarding court attendance and avoiding adjournments.
What the court decided
Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3370 of 2019
Applicant :- Ikrar Opposite Party :- State Of U.P. Counsel for Applicant :- Kaushal Kumar Pandey,Anand Ji Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Anand Ji Mishra, learned counsel for the applicant and learned AGA for the State and 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 18 kg. of flesh of prohibited animal was shown by the police, which was kept in the vehicle in question. In fact, nothing has been recovered from his possession. There was no independent 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. 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 20.12.2018.The applicant has criminal history of 2 cases, but he is on bail in these cases, which has been properly explained in paragraph 17 of the affidavit filed in support of the bail application.
Learned A.G.A. opposed the prayer for bail.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail despite allegations of false implication by the police.
Whether the sentence severity and risk of witness tampering preclude bail grants.
Parties & counsel
- applicant
Ikrar
Coram
Vivek Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/3370/2019
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