Allowed

Arshad Ali v. State of U.P.

Allahabad HC5 Oct 2020BAIL/14081/2020

Case brief

AI extract

What is this about?

The single judge allowed a bail application filed by Arshad Ali, accused of cattle smuggling and document fabrication. Citing the spread of the novel coronavirus and dicta from Dataram Singh, the court ruled that the applicant's detention could not continue given the impossibility of trial conclusion during the pandemic.

What did the court decide?

Release on bail by execution of personal bond and two sureties to the satisfaction of the court, subject to specific conditions regarding verification and trial cooperation.

Arshad Ali Vs State of U.P. — Cheque Dishonour | Allahabad HC (2020)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14081 of 2020

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Applicant :- Arshad Ali Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Kant Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned A.G.A.

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The allegation in the First Information Report against the applicant and other accused person are that four persons on two motorcycles were carrying beef for the purpose of sale.The motorcycles were stolen and were being fabricated number plate.The applicant is alleged to have ran away from the scene,later on he was arrested.

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Learned counsel for the applicant has submitted that he has been falsely implicated because he was earlier implicated in such case and he has been implicated on the basis of suspicion.In view of spread of noval corona virus there is no possibility of earlier conclusion of trial. The applicant is in jail since 4.10.2019. Applicant has criminal history of three cases has been explained in paragraph-4 of the affidavit filed in support of the application.

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Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact..

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Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Arshad Ali, who is involved in Case Crime No. 342 of 2019, under Sections 420, 467, 468, 471 I.P.C, and section 3/5/8 of U.P. Prevention of Cow Slaughter Act Police Station-Milak , District- Rampur, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored. In case court below is functioning normally, this condition will not apply and applicant shall be enlarged on bail on execution of bail bond and two sureties to the satisfaction of the court below.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 5.10.2020 Atul kr. sri.

Arshad Ali v. State of U.P.

Case brief

What is this about?

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Arshad Ali v. State of U.P.

Case brief

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