Allowed

Fateh Khan v. State of U.P.

Allahabad HC27 Jan 2021BAIL/3233/2021

Case brief

AI extract

What is this about?

The court granted bail to Fateh Khan, a vehicle cleaner accused of cow slaughter and cattle seizure, on the basis of his innocence claim and lack of criminal history, subject to strict conditions regarding trial attendance and non-interference with witnesses.

What did the court decide?

Released on bail by furnishing a personal bond and two local sureties, subject to strict conditions of court appearance and non-interference.

Fateh Khan Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2021)

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Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3233 of 2021 Applicant :- Fateh Khan 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. Varundhati Gopal, Advocate holding brief of Sri Sudarshan Singh, learned counsel for the applicant, 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 applicant that the applicant is wholly innocent and he has been falsely implicated in the present case. The applicant is cleaner of the vehicle in question. The owner of vehicle is Najmul Hasan S/o Mustaq Ahmad, R/o 98, Asdullapur, Saha Urf Pipal Gaon, Bhiti, Allahabad who has not been made accused in the present case by the police. Applicant is not responsible for the alleged recovery of 18 live cattle as he was transporting the same under the instruction of his owner. The applicant has 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 applicant that the applicant is in jail since 21.11.2020 and in case he is enlarged on bail, he 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 applicant - Fateh Khan , involved in case crime No. 226 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 his 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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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 remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;

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

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The applicant 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 his bail and proceed against him in accordance with law.

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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his 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

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Sartaj

Fateh Khan v. State of U.P.

Case brief

What is this about?

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Fateh Khan v. State of U.P.

Case brief

What is this about?

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