Waseem v. State of U.P.
Case brief
What is this about?
The Court granted bail to the applicant under the U.P. Prevention of Cow Slaughter Act citing reliance on the reformative theory of punishment and Article 21 of the Constitution, applying the precedent set by Dataram Singh.
What did the court decide?
Released on bail via personal bond and two sureties of Rs. One Lac each under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act.
What the court decided
Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5079 of 2019
Applicant :- Waseem Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd. Irfan Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Mohd. Irfan, 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 criminal history of the applicant has been explained in paragraph 10 of the affidavit filed in support of bail application. It is also submitted that there is no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. Applicant is in jail since 7.1.2019, and undertakes that he will not misuse the liberty, if granted.
Issues for consideration
3 issues framed by the court
Whether bail should be granted to the applicant falsely implicated under the U.P. Prevention of Cow Slaughter Act.
Whether the Guidelines on Bail of various Apex Court judgments warrant relief under Article 21.
What conditions must be imposed on the release of bail granted in this case.
Parties & counsel
- applicant
Waseem
Coram
Vivek Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/5079/2019
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