Umaid v. State of U.P.
Case brief
What is this about?
Allowed an application for bail filed by Umaid in a case under the Cow Slaughter Act, granting release on a personal bond and two sureties subject to standard conditions.
What did the court decide?
Release of the applicant on a personal bond and two sureties in the like amount, subject to standard conditions.
What the court decided
Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28618 of 2020
Applicant :- Umaid Opposite Party :- State of U.P. Counsel for Applicant :- Amit Pandey,Sushil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard Sri Sushil Kumar Pandey, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant-Umaid with a prayer to release him in Case Crime No.125 of 2020, registered under Sections 3/5/8 of Cow Slaughter Act, Police Station Thana Bhawan, District Shamli during pendency of the trial.
Learned counsel for the applicant submitted that the applicant is an innocent person and has been falsely implicated in the present case and the name of the applicant came in the light after two months by the informant and no recovery from the possession of the applicant has been made and the applicant has never involved in such type of activities like slaughtering the cows as claimed by the prosecution. He further submitted that the applicant has been falsely implicated in the present case only to harass the applicant and due to ulterior motive and mala fide intention. He next submitted that co-ordinate Bench of this Court has released the co-accused, namely, Sajid and Aarif in Criminal Misc. Bail Application Nos.27768 of 2020 and 27823 of 2020 respectively vide order dated 29.09.2020, hence, the applicant is also entitled for bail on the ground of parity. The applicant is languishing in jail since 23.07.2020 having no previous criminal history. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail in a case involving Cow Slaughter Act offences considering the delay in naming him as an accused and parity with co-accused.
Whether the applicant has made out a case for bail without expressing an opinion on the merits of the case.
Parties & counsel
- applicant
Umaid
Coram
Deepak Verma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- BAIL/28618/2020
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