Allowed

Dilshad Kuraishi v. State of U.P.

Allahabad HC20 Sept 2019BAIL/36163/2019

Case brief

AI extract

What is this about?

This judgment allows a bail application filed by Dilshad Kuraishi under the Cow Slaughter Act. The court granted bail on personal and surety bonds, citing allegations of false implication and equating the applicant with the possibility of tampering.

What did the court decide?

Application allowed; applicant released on personal bond with two sureties subject to specific conditions under the judgment.

Dilshad Kuraishi 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. - 36163 of 2019

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Applicant :- Dilshad Kuraishi Opposite Party :- State Of U.P. Counsel for Applicant :- Shivakant 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, learned A.G.A. for State and perused the material available on record.

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Accused-applicant, involved in Case Crime No.124 of 2019, under Section 3/5A/8 Cow Slaughter Act, Police Station Thariyaon, District Fatehpur, applied for bail.

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Learned counsel for the applicant submits that applicant has been falsely implicated in the present case on account of enmity for the purpose of harassment. Applicant committed no offence. A false and fabricated story has been set up by the police. Alleged recovery is false and fake. Applicant is in jail since 5.6.2019. It is further submitted that there is no possibility of the applicant fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Alleged offence is triable by Magistrate.

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Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant and submitted that four quental boven meat has been recovered from the joint possession of the applicant and other co-accused persons.

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Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, alleged recovery from the possession of the 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 Dilshad Kuraishi be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking 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, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.

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During trial, he shall not indulge in any criminal activities or case.

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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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However, it is provided that Trial Court shall expedite and conclude the trial within one year from the date of production of certified copy of this order without granting unnecessary adjournment, if there is no legal impediment. Order Date :- 20.9.2019 Manoj

Dilshad Kuraishi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Dilshad Kuraishi v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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