Allowed

Jishan v. State of U.P.

Allahabad HC2 Dec 2021BAIL/35783/2021

Case brief

AI extract

What is this about?

The court allowed a bail application by an accused charged under the Cow Slaughter Act. The court noted a lack of forensic reports, allegations of false implication, jail overcrowding during the pandemic, and paricity with a co-accused granted bail subsequently.

What did the court decide?

Release on bail via personal bond and two sureties in for an amount satisfactory to the court, subject to specified conditions.

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

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35783 of 2021

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Applicant :- Jishan Opposite Party :- State of U.P. Counsel for Applicant :- Jagdish Prasad Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Heard Shri Jagdish Prasad Mishra, learned counsel for the applicant and learned AGA for the State.

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A first information report was lodged against the applicant as Case Crime No.184 of 2021 at Police Station-Kairana, District-Shamli under Sections 3/5/8 Cow Slaughter Act.

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The bail application of the applicant was rejected by learned Sessions Judge, Shamli, on 08.07.2021.

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The applicant is in jail since 05.04.2021, pursuant to the said F.I.R.

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Shri Jagdish Prasad Mishra, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. As per the prosecution case, 250 Kg. beef were recovered from the joint possession of various accused persons including the applicant. Meat was planted on the person of the applicant to frame him in the instant case to show proficiency of police investigators. There is no independent witness or public witness to the alleged recovery. There is no forensic science laboratory report

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which confirms that the substance allegedly recovered is prohibited meat. Learned counsel for the applicant has explained the criminal history of the applicant and further contends that the applicant has become a soft target for the police authorities who repeatedly nominate him in a number of cases only to burnish their professional credentials. The aforesaid cases have no bearing on the instant case. Learned counsel for the applicant claims congruency in role with co-accused person and seeks parity in relief with co-accused namely Asif, who has been granted bail by this Court on 12.08.2021 in Criminal Misc. Bail Application No. 25177 of 2021. Lastly it is contended by the learned counsel for applicant that the applicant shall not abscond and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.

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Shri Anupam Anand, learned brief holder for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not contest the criminal history of the applicant as disclosed in the bail application.

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Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while

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considering bail applications on behalf of accused persons.

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I see merit in the submissions of the learned counsel for the applicant and hold that the applicant is entitled to be enlarged on bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant -Jishan involved in Case Crime No.184 of 2021 at Police Station-Kairana, District-Shamli under Sections 3/5/8 Cow Slaughter Act be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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The applicant will not tamper with the evidence during the trial.

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The applicant will not influence any witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 2.12.2021 Dhananjai

Jishan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Jishan v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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