Nawab v. State of U.P.
Case brief
What is this about?
In a bail application challenging false implication and lack of compliance with Section 102 Cr.P.C., the High Court relied on Article 21 and Dataram Singh to grant bail, emphasizing the reformative theory of punishment.
What did the court decide?
Releasement on bail under a personal bond and two sureties subject to four specific conditions including surrender and non-interference with witnesses.
What the court decided
Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4726 of 2019
Applicant :- Nawab Opposite Party :- State Of U.P. Counsel for Applicant :- Ramesh Chandra Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Ramesh Chandra Srivastava, learned counsel for the applicant, Sri Abhinav Prasad learned AGA appearing for the State and perused the material brought on record.
It has been submitted by the learned counsel for the applicant that applicant has been falsely implicated in the present case. It is further submitted that false recovery has been shown, nothing has been recovered from the possession or on the pointing out of the applicant. It is further submitted that there is no evidence to connect the applicant with the present matter. There is no independent witness of the alleged offence/recovery. There is also no compliance of Section 102 Cr.P.C. by the police officer who seized the alleged prohibited material. 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 is further submitted that applicant has no previous criminal history and there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. Applicant is in jail since 26.12.2018, and undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer.
Issues for consideration
1 issue framed by the court
Whether bail should be granted to the applicant notwithstanding the severity of the punishment under the U.P. Prevention of Cow Slaughter Act.
Parties & counsel
- applicant
Nawab
- respondent
State Of U.P.
Coram
Vivek Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/4726/2019
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