Allowed

Reyaz v. State of U.P.

Allahabad HC3 Dec 2021BAIL/39060/2021

Case brief

AI extract

What is this about?

The Court allowed a bail application filed by Reyaz in a cow slaughter case. The applicant was not arrested on the spot and no evidence was recovered from his possession. The bail was granted on personal bond and two sureties with standard conditions.

What did the court decide?

Applicant released on bail on personal bond and two sureties with conditions regarding evidence tampering and cooperation in trial.

Reyaz Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 88

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39060 of 2021

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Applicant :- Reyaz Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Ibrar 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 Reyaz seeking enlargement on bail during trial in connection with Case Crime No. 0047, under Sections 3/5/8 of Cow Slaughter Act, registered at P.S.- Fugana, District-Muzaffar Nagar.

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Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated. Applicant was not arrested on the spot. Nothing has been recovered from the possession of the applicant. There is no independent witness of the alleged recovery. Applicant is not previous convict and he has no criminal history except the present case. Further submitted that the applicant is languishing in jail since 06.08.2021.

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Per contra, learned A.G.A. opposed the prayer for bail and submitted that applicant has criminal history of one case under Section 308 IPC.

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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 accused and all other attending circumstances were duly considered.

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Considering the rival submissions of learned counsel for the parties, keeping in view the fact that applicant was not arrested on the spot and nothing has been recovered from his possession, without commenting upon merits of the case, a case for bail is made out.

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Accordingly, the bail application is allowed .

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Let the applicant Reyaz involved in the aforesaid case crime, 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 :- 3.12.2021 v.k.updh.

Reyaz v. State of U.P.

Case brief

What is this about?

What did the court decide?

Reyaz v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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