Allowed

Naushad @ Peeru and Another v. State of U.P.

Allahabad HC14 Nov 2019BAIL/48527/2019

Case brief

AI extract

What is this about?

The High Court granted bail to the applicants, Naushad @ Peeru and Jamuna @ Jamin, in a case involving offences under the Cow Slaughter Act and IPC, subject to conditions for attending trial and not tampering with witnesses. The applicant stated they are in jail since May 31, 2019.

What did the court decide?

Applicants released on bail requiring personal bond and two heavy sureties (one family member).

Naushad @ Peeru and Another Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 72

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48527 of 2019

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Applicant :- Naushad @ Peeru And Another Opposite Party :- State of U.P. Counsel for Applicant :- Alok Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Gupta, J.

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

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This bail application has been filed by the applicants seeking bail in Case Crime No. 83 of 2019, under Sections 3/5A/8 of Cow Slaughter Act and Section 11 of Animal Cruelty Act and Sections 420, 467, 468 IPC, P.S. Nigohi, District Shahjahanpur.

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Learned counsel for the applicants has submitted that the applicants are wholly innocent and have been falsely implicated in the present case due to ulterior motive.

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Learned counsel for the applicants has next submitted that the applicants are not named in the FIR and is alleged to have fled away from the place of the incident. It is further alleged that from the Maruti Swift Dzire Car, three cattle have been recovered and the chassis number of the recovered vehicle has been tampered.

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Learned counsel for the applicants has next submitted that the applicants are in jail since 31.05.2019 and the criminal history of the applicants has been explained in para 11 of the affidavit.

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Learned counsel for the applicants has next submitted that in case, they are released on bail, they will not misuse the liberty of bail and will co-operate in the trial by all means.

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Per contra, learned A.G.A. for the State has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the applicants are in jail since 31.05.2019.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment,

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submissions of counsel for the parties and without expressing any opinion on the merits of the case, I am of the view that the applicants have made out a case for bail.

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Let the applicants Naushad @ Peeru and Jamuna @ Jamin be released on bail in the aforesaid case crime number on their furnishing a personal bond and two heavy sureties (one surety should be of a family member) of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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The applicants will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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They will not tamper with the witnesses.

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They will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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

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Order Date :- 14.11.2019 Nadim

Naushad @ Peeru and Another v. State of U.P.

Case brief

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Naushad @ Peeru and Another v. State of U.P.

Case brief

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