Allowed

Anil Sahu and Another v. State of U.P.

Allahabad HC27 Jan 2021BAIL/3227/2021

Case brief

AI extract

What is this about?

This judgment grants bail to Anil Sahu and Salman in a case involving cow slaughter and animal cruelty. The court releases them on personal bond and local sureties subject to standard conditions, including strict adherence to court appearances and prohibition on tampering with witnesses. The applicants claim innocence as transporters acting under their owner's instruction.

What did the court decide?

Applicants released on bail requiring personal bond and two local sureties each of similar amount, subject to strict bail conditions.

Anil Sahu and Another Vs State of U.P. — Pension and Retirement Benefits | Allahabad HC (2021)

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Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3227 of 2021 Applicant :- Anil Sahu And Another Opposite Party :- State of U.P. Counsel for Applicant :- Sudarshan Singh Counsel for Opposite Party :- G.A.

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Hon'ble Neeraj Tiwari,J.

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Supplementary affidavit filed today be taken on record.

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Heard Ms. Ananya Srivastava, Advocate holding brief of Sri Sudarshan Singh, learned counsel for the applicants, learned AGA for the State and perused the material placed on record.

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It is contended by the learned counsel for the applicants that the applicants are wholly innocent and they have been falsely implicated in the present case. The applicants are driver and cleaner of the vehicle in question. The owner of vehicle is Yusuf Khan S/o Safak Khan, R/o Pokharpur, Jammu Kanpur who has not been made accused in the present case by the police. Applicants are not responsible for the alleged recovery of 10 live cattle as they were transporting the same under the instruction of their owner. The applicants have no criminal history. It is next contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is next contended by the learned counsel for the applicants that the applicants are in jail since 24.11.2020 and in case they are enlarged on bail, they will not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts.

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Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicants - Anil Sahu and Salman , involved in case crime No. 227 of 2020, under Sections 3/5A/5B/8 of Prevention of Cow Slaughter Act, under section 11 of Prevention of Cruelty against animals Act and under section 411, 413, 414 IPC, police station -Syedraja, District -Chandauli, be released on bail on their furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court/Authority/Jail Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a

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declaration of such verification in writing.

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This bail order would be subject to the fulfillment of following conditions:-

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This bail order would be subject to the fulfillment of following conditions:-

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

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

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

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The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code;

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In case, the applicants misuses the liberty of bail and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.

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The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of their bail and proceed against them in accordance with law.

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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.

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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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Order Date :- 27.1.2021/Sartaj

Anil Sahu and Another v. State of U.P.

Case brief

What is this about?

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Anil Sahu and Another v. State of U.P.

Case brief

What is this about?

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