Allowed

Subhan v. State of U.P.

Allahabad HC1 Oct 2019BAIL/36360/2019

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 36360 of 2019, the Court granted bail to Subhan, accused under the Cow Slaughter Act, releasing him on personal bond and two sureties subject to specific conditions regarding trial conduct and cooperation.

What did the court decide?

Released on bail against personal bond and two sureties subject to conditions of cooperation with trial and prohibition of tampering or further crimes.

Subhan Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

¶1

Court No. - 75

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36360 of 2019

¶3

Applicant :- Subhan Opposite Party :- State Of U.P. Counsel for Applicant :- Sumit Goyal Counsel for Opposite Party :- G.A.

¶4

Hon'ble Rajendra Kumar-IV,J.

¶5

Supplementary affidavit filed today, is taken on record.

¶6

Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.

¶7

Accused-applicant, involved in Case Crime No.203 of 2019, under Section 3/5/8 Cow Slaughter Act, Police Station Gagalhedi, District Saharanpur, applied for bail.

¶8

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 4.7.2019 and he has no criminal history. 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.

¶9

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 1 quental 50 Kg. bovine meat has been recovered from the joint possession of nine persons including the applicant.

¶10

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.

¶11

Accordingly, bail application is allowed .

¶12

Let applicant Subhan be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable

¶13

sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-

¶14

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

¶15

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.

¶16

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

¶17

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.

¶18

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 :- 1.10.2019

¶19

Manoj

Subhan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Subhan 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

Coram

Case details

Similar cases

Vaishar Vs State of U.P.

Veer Bahadur Singh Vs State of U.P.

Sahibey Alam Vs State of U.P.

Gopal Tiwari Vs State of U.P.

Shamshad Vs State of U.P.

Irshad Vs State of U.P.