Irshad v. State of U.P.
Case brief
What is this about?
Criminal Misc. Bail Application filed by Irshad in a case under various IPC and state acts. The court allowed bail, imposing conditions regarding attendance, undertaking against adjournments, and verification of the court order.
What did the court decide?
The applicant is released on bail on furnishing a personal bond and two sureties in like amount, subject to imposed conditions.
What the court decided
Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2161 of 2021
Applicant :- Irshad Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
By means of this application, the applicant, Irshad, who is involved in Case Crime No. 574 of 2020, under Section 3/5/8 U.P. Prevention of Cow Slaughter Act; Section 11 Prevention of Cruelty to Animals Act and Sections 419, 420, 467, 468 I.P.C., Police Station-Sarai Inayat, District-Prayagraj, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that as per the prosecution case the applicant Irshad and co-accused Mohd. Zeeshan and Jagdish were transporting 18 bullocks by Truck No. UP 70 CT 8878 from Kanpur to West Bengal. It is next submitted that neither the applicant is owner nor the driver of the vehicle and he has falsely been implicated in this case. There is no independent public witness of the alleged recovery. The applicant has no criminal history and he is languishing in jail since 29.11.2020.
Per contra learned A.G.A. has opposed the bail prayer of the applicant.
Issues for consideration
3 issues framed by the court
Whether the applicant is entitled to enlargement on bail during the trial.
Whether the applicant has made out a fit case for bail considering the nature of the offence and evidence.
What conditions should be imposed on the applicant's bail.
Parties & counsel
- applicant
Irshad
- respondent
State of U.P.
Coram
Sanjay Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- BAIL/2161/2021
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