Abbas v. State of U.P.
Case brief
What is this about?
The High Court allowed the bail application of Abbas, accused in a case under the U.P. Prevention of Cow Slaughter Act, noting that a co-accused was already granted bail and no incriminating material links the applicant to the offence.
What did the court decide?
Release on bail with a personal bond and two sureties, contingent on normal functioning of courts.
What the court decided
Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32141 of 2020
Applicant :- Abbas Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant and learned A.G.A.
The instant bail application has been filed on behalf of the applicant Abbas, with a prayer to release him in Case Crime No.148 of 2020, under section 3/5A/8 U.P. Prevention of Cow Slaughter Act, 1986, Police Station Kada Dham, District Kaushambi, during pendency of the trial.
At the very outset, learned counsel for the applicant submitted that co-accused Moharram Ali was arrested on the spot and has been granted bail by this Court in Criminal Misc.Bail Application No.18544 of 2020 vide order dated 07.07.2020. He further submitted that the applicant is innocent and has been falsely implicated in the present case. The applicant was not arrested on the spot. In the alleged FIR, a false story cooked up to implicate the applicant. No incriminating material has been recovered from the possession of the applicant. The case of the applicant is identical to the case of co-accused Moharram Ali, who has been granted bail by this Court. The applicant is languishing in jail since 06.08.2020. In case, the applicant is released on bail, he will not misuse the liberty of bail, if granted and co-operate in trial.
Learned A.G.A. has opposed the bail prayer of the applicant.
Issues for consideration
1 issue framed by the court
Whether the applicant Abbas has made out a prima facie case for bail under the U.P. Prevention of Cow Slaughter Act.
Parties & counsel
- applicant
Abbas
Coram
Deepak Verma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- BAIL/32141/2020
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