Allowed

Mohd. Umar Usmani @ Patrakar v. State of U.P.

Allahabad HC8 Oct 2020BAIL/32147/2020

Case brief

AI extract

What is this about?

The High Court allowed the bail application of Mohd. Umar Usmani, accused of cow slaughter. The court held that the applicant made out a prima facie case for bail based on disputed evidence and lack of criminal antecedents, though merit of the case was not determined on merits.

What did the court decide?

Applicant released on furnishing personal bond and two sureties subject to conditions.

Mohd. Umar Usmani @ Patrakar Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32147 of 2020

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Applicant :- Mohd. Umar Usmani @ Patrakar Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Kalim,Abrar Ahmad Siddiqui Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant-Mohd. Umar Usmani @ Patrakar with a prayer to release him in Case Crime No.194 of 2020, registered under Sections 3/5/8 of U.P. Cow Slaughter (Prevention) Act, Police Station Mirzapur, District Shahjahanpur during pendency of the trial.

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It is submitted by the learned counsel for the applicant that the applicant and co-accused have been caught with 100 kg beef. He further submitted that the applicant is innocent and due to previous enmity with the police he has been falsely implicated in the present case. He further submitted that 100 kg beef recovered from the joint possession. He further submitted that the applicant having no criminal history except the present case. The applicant is languishing in jail since 15.07.2020. In case, the applicant is released on bail, he will not misuse the liberty of bail, if granted and co-operate in trial.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 , 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, Mohd. Umar Usmani @ Patrakar, who is involved in Case Crime No.194 of 2020, registered under Sections 3/5/8 of U.P. Cow Slaughter (Prevention) Act, Police Station Mirzapur, District Shahjahanpur, be released on bail on his furnishing a personal bond and two sureties each in the like

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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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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.

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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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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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Order Date :- 8.10.2020 Nitin Verma

Mohd. Umar Usmani @ Patrakar v. State of U.P.

Case brief

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Mohd. Umar Usmani @ Patrakar v. State of U.P.

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