Allowed

Bilkish v. State of U.P.

Allahabad HC16 Sept 2019BAIL/34608/2019

Case brief

AI extract

What is this about?

Criminal Miscellaneous Bail Application moved by Bilkish for enlargement on bail in a case under UP Cow Slaughter Act. Single-judge court granted bail, imposing standard conditions against tampering and ensuring trial cooperation, noting successful opposition by the State.

What did the court decide?

Application allowed. Rel Miss be released on personal bond and two reliable sureties subject to conditions.

Bilkish 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. - 34608 of 2019

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Applicant :- Bilkish Opposite Party :- State Of U.P. Counsel for Applicant :- Atul Pandey,Sandeep Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Rajendra Kumar-IV,J.

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Heard learned counsel for the applicant and learned AGA for State and perused the materials on record.

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The present bail application has been moved for enlarging the applicant on bail in Case Crime No. 568 of 2019, under Section 3/5/8 UP Cow Slaughter (Prevention) Act, Police Station Kotwali Nagar, District Muzaffar Nagar.

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Learned counsel for the applicant submitted that applicant has been falsely implicated in the present case. It is further submitted that the applicant has been named in the FIR; nothing has been recovered, the recovery is false and fake; there is no criminal history of the accused-applicant and accused-applicant is languishing in Jail since 24.6.2019.

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Per contra, learned AGA has opposed the prayer for grant of bail to the applicant but could not dispute the factual argument of the accused-applicant and submitted that 120 Kg beef has been recovered from the possession of the applicant and others.

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Considering the facts and circumstances of the case, rival contention of learned counsel for parties, detention of applicant in Jail, recovery from the possession of the accused-applicant and without commenting upon the merit of the case, applicant deserves bail.

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Accordingly, bail application is allowed.

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Let applicant- Bilkish be released on bail in the aforesaid case crime on her furnishing a personal bond and two reliable sureties to the satisfaction of the court concerned subject to the following conditions:-

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The applicant shall not tamper with the evidence or threaten the witnesses.

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The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge,

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evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.

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During trial, she shall not indulge in any criminal activities.

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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.

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Order Date :- 16.9.2019 SKS

Bilkish v. State of U.P.

Case brief

What is this about?

What did the court decide?

Bilkish v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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