Allowed

Mohd. Jeeshan and Another v. State of U.P.

Allahabad HC21 Jan 2021BAIL/4583/2021

Case brief

AI extract

What is this about?

Criminal Court No. 86 allowed bail for applicants Mohd. Jeeshan and Jagdish in a case involving cow slaughter and IPC offences, invoking the parity of a co-accused already released on bail. They were required to furnish a personal bond and two sureties subject to specific conditions.

What did the court decide?

Applicants released on bail upon furnishing a personal bond and two sureties of like amount, subject to conditions of not committing crimes, tampering with evidence, pressuring witnesses, and appearin

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

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4583 of 2021

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Applicant :- Mohd. Jeeshan And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chand,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record of the present bail application.

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The present bail application has been filed by the applicants Mohd. Jeeshan and Jagdish with a prayer to enlarge them on bail in Case Crime No. 574 of 2020, under Section 3/5/8 of U.P. Prevention of Cow Slaughter Act, Section 11 of Prevention of Cruelty to Animals Act and Sections 419, 420, 467, 468 I.P.C., Police Station Sarai Inayat, District Prayagraj.

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Learned counsel for the applicants in support of their prayer for bail submits that the applicants are innocent and they have been falsely implicated in the present case. It is further submitted that co-accused Irshad having similar role to that of applicants has already granted bail by this Court vide order dated 13.01.2021 passed in Criminal Misc. Bail Application No.2161 of 2021, therefore, the applicants are also entitled to be released on bail on the ground of parity. The applicants have not previous criminal history, they are not likely to abscond.

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Learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicants but conceded on point of parity.

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Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicants, Mohd. Jeeshan and Jagdish involved in aforesaid case crime be released on bail on

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their furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

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(i) The applicants shall not indulge in any criminal activity.

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(ii) The applicants shall not tamper with the prosecution evidence.

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(iii) The applicants shall not pressurize the prosecution witnesses.

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(iv) The applicants shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.

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In case of default of any of the conditions enumerated above, liberty may be given to the trial court to cancel the bail without any reference to this Court.

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Order Date :- 21.1.2021 P.S.Parihar

Mohd. Jeeshan and Another v. State of U.P.

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Mohd. Jeeshan and Another v. State of U.P.

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