Kurban v. State of U.P.
Case brief
What is this about?
Single Judge Court granted bail to Kurban in a bail application for offences under the Cow Slaughter and Animal Cruelty Acts, noting his surrender and lack of antecedents, despite opposing counsel's arguments.
What did the court decide?
Applicant enlarged on bail on executing a personal bond and furnishing two sureties each, subject to specific conditions regarding attendance and behavior.
What the court decided
Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4763 of 2019
Applicant :- Kurban Opposite Party :- State Of U.P. Counsel for Applicant :- Zaid Arshad,Arshad Hamid Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Arshad Hamid, learned counsel for the applicant and learned AGA for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive by the police in order to show their good work and he has committed no offence. False recovery of 200 kg. meat & 4 skins alongwith other articles of prohibited animal was shown by the police against the applicant.In fact, nothing has been recovered from his possession. The applicant was not arrested on the sport rather he surrendered before the court below.There was no independent witness of the alleged recovery. 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 has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 4.11.2018.The applicant has no other reported criminal antecedent. Co-accused Arif has already been released on bail by this Court on 21.1.2019 in Criminal Misc. Bail Application No.1762 of 2019.
Issues for consideration
3 issues framed by the court
Whether the applicant is entitled to be released on bail in a case involving offences under the Cow Slaughter Act and Animal Cruelty Act.
Whether false implication and surrender before the court warrant granting bail.
What conditions are necessary for the grant of bail in the present case.
Parties & counsel
- applicant
Kurban
Coram
Vivek Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/4763/2019
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