Allowed

Nuruddin Alias Nuru and Another v. State of U.P.

Allahabad HC24 Nov 2020BAIL/2150/2020

Case brief

AI extract

What is this about?

The Court granted bail to two applicants in a cow slaughter case under the U.P. Prevention of Cow Slaughter Act. The judgment releases them on a personal bond with specific conditions, including verification of the order via the High Court website and furnishing sureties once courts resume normal functioning, citing the larger mandate of Article 21.

What did the court decide?

Release of applicants on bail on execution of personal bond and two sureties each with specified conditions.

Nuruddin Alias Nuru and Another Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

¶1

Court No. - 91

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2150 of 2020

¶3

Applicant :- Nuruddin Alias Nuru And Another Opposite Party :- State of U.P. Counsel for Applicant :- Hemant Sharma Counsel for Opposite Party :- G.A.

¶4

Hon'ble Gautam Chowdhary,J.

¶5

Heard learned counsel for the applicants and learned A.G.A. for the State and perused the material brought on record.

¶6

The present bail application has been filed on behalf of the applicants, Nuruddin @ Nuru and Naimuddin , with a prayer to release them on bail in Case Crime No. 372 of 2019, under Sections- 3/8 Cow Slaughter Act, Police Station- Jahagirabad, District- Bulandshahr, during pendency of trial.

¶7

The submission advanced by learned counsel for the applicants is that the applicants are innocent and have been falsely implicated in the present case due to ulterior motive. No offence has been committed by them warranting punishment under the aforesaid Act. He has further submitted that from the allegations made against the applicants no cognizable offence as per Section 9 of the U.P. Prevention of Cow Slaughter Act, 1955 is made out against them. The offence is triable by Magistrate and maximum sentence of 7 years. In fact, Act is being misused against innocent persons. Further submission is that there is no independent witness in support of the alleged recovery. It has also been assured on behalf of the applicants that they are ready to cooperate with the process of law and shall faithfully make themself available before the court whenever required and are also ready to accept all the conditions which the Court may deem fit to impose upon them. It is further contended by learned counsel for the applicants that the applicants are languishing in jail since 29.9.2019.

¶8

Learned AGA for the State has opposed the prayer for bail.

¶9

Having considered the material on record, 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, let the applicants, involved in the aforesaid crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

¶10

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

¶11

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

¶12

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

¶13

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

¶14

The applicants 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.

¶15

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

¶16

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.

¶17

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

¶18

Order Date :- 24.11.2020

¶19

Vandana

Nuruddin Alias Nuru and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Nuruddin Alias Nuru and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Satyabhan Vs State of U.P.

Sanjeed Vs State of U.P.

Nadeem Ansari Vs Narcotics Control Bureau and Another

Gyan Singh Gihar Vs State of U.P.

Izhaar Ahmed Sabari @ Rumi Vs State of U.P.

Akhilesh Lodhi Vs State of U.P.