Allowed

Islam v. State of U.P.

Allahabad HC21 Oct 2019BAIL/40600/2019

Case brief

AI extract

What is this about?

In a criminal miscellaneous bail application, the court released the applicant on bail in a case alleging cow slaughter and animal cruelty. The court applied parity with co-accused already granted bail, emphasizing fitness to grant bail without expressing an opinion on case merits.

What did the court decide?

Released on bail on furnishing personal bond with two sureties in like amount to the satisfaction of the court concerned.

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

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Court No. - 41

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40600 of 2019

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Applicant :- Islam Opposite Party :- State Of U.P. Counsel for Applicant :- Ashutosh Counsel for Opposite Party :- G.A.

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Hon'ble Bachchoo Lal,J.

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Supplementary affidavit filed on behalf of the applicant, is taken on record.

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

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It is submitted by the learned counsel for the applicant that applicant is innocent and has falsely been implicated in the present case. The applicant was not apprehended on spot. The allegation against the applicant is that the applicant and coaccused Parvez and Shoeb were slaughtering. The co-accused Parvez was arrested by the police on spot. The applicant and co-accused Shoeb escaped away. The recovery of 2 quintal beef has also been shown from the spot. It has further been submitted co-accused Parvez has already been granted bail by another bench of this court vide order dated 20.6.2019 in Criminal Misc. Bail Application No. 24937 of 2019 and coaccused Shoeb having identical role has also been enlarged on bail by another bench of this court vide order dated 18.6.2019 in Criminal Misc. Bail Application No. 24545 of 2019, therefore, the applicant is also entitled for bail on the ground of parity. The criminal history of the applicant has been explained in para 4 and 5 of the supplementary affidavit filed in support of bail application. The applicant is in jail since 13.6.2019.

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Per contra; learned A.G.A. has opposed the prayer for bail.

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Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.

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Let the applicant Islam involved in Case Crime No. 306 of 2019, under section 3/5/8 U.P. Prevention of Cow Slaughters Act and 3/11 Animal Cruelty Act, P.S. Ganj, District Rampur be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

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The applicant will not tamper with the evidence.

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He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.

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He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

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In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.

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Order Date :- 21.10.2019 Masarrat

Islam v. State of U.P.

Case brief

What is this about?

What did the court decide?

Islam v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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