Allowed

Sahzad v. State of U.P.

Allahabad HC1 Dec 2021BAIL/33869/2021

Case brief

AI extract

What is this about?

In a criminal miscellaneous bail application under Section 439 Cr.P.C., the single judge court allowed the applicant Sahzad to be released on bail with personal bond and sureties in connection with an offence under the Prevention of Cow Slaughter Act, finding that a case for bail was made out.

What did the court decide?

The applicant was released on bail on furnishing a personal bond and two sureties in the like amount with specific conditions including non-tampering with evidence and cooperation with trial proceedin

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

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Court No. - 88

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33869 of 2021

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Applicant :- Sahzad Opposite Party :- State of U.P. Counsel for Applicant :- Narendra Mohan,A.Z.Khan Counsel for Opposite Party :- G.A.

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Hon'ble Anil Kumar Ojha,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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This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during trial in connection with Case Crime No. 421 of 2021, under Section 3/5/8 of Prevention of Cow Slaughter Act, registered at P.S.- Deoband, District- Saharanpur.

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Submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case. Nothing has been recovered from the possession of the applicant or on his pointing out. Recovery shown against the applicant is false and fabricated. There is no independent witness in the present case. The allegations levelled against the applicant are completely false and baseless and case under aforementioned sections are not made out against him. Further submitted that the co-accused Mohd. Sajid has been granted bail by co-ordinate bench of this Court in Criminal Misc. Bail Application No. 31904 of 2021 vide order dated 01.10.2021 and claimed trial. The applicant is languishing in jail since 07.07.2021.

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Per contra, learned A.G.A. opposed the prayer for bail but could not dispute the facts as raised by the learned counsel for the applicant.

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Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of the accused and all other attending circumstances were duly considered.

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In view of the above, a case for bail is made out.

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Accordingly, the bail application is allowed .

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Let the applicant Sahzad involved in the aforesaid case crime,

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be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;

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The applicant shall not tamper with the evidence or threaten the witnesses.

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The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.

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During trial, he shall not indulge in any criminal activities.

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In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.

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Order Date :- 1.12.2021 VPS

Sahzad v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sahzad v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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