The High Court granted bail to Arman and Shaukat Ali in a conspiracy for cow slaughter case, relying on identity of footings with a co-accused and Article 21, subject to personal bond and sureties.
Applicants released on bail on furnishing a personal bond and two sureties each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9117 of 2021
Applicant :- Arman And Another Opposite Party :- State of U.P. Counsel for Applicant :- Shyam Sunder Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicants, Sri Sanjay Singh, learned AGA-I, appearing for the State and perused the material brought on record.
It has been contended by the learned counsel for the applicants that the applicants have been falsely implicated in the present case due to ulterior motive. It is next contended that co-accused namely Ansar Ali has already been granted bail by another Bench of this Court vide order dated 22.3.2021 passed in Criminal Misc. Bail Application No.11342 of 2021, a copy of said order has been perused on the official website of this Court and the case of the applicants stands on identical footings. Several other submissions in order to demonstrate the falsity of the allegations made against the applicants have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicants that they are ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required. It has also been submitted that the applicants are languishing in jail since 23.12.2020. It has been pointed out that the applicants have no criminal history.
Learned A.G.A. has vehemently opposed the prayer.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let applicants- Arman and Shaukat Ali , be released on bail in Case Crime No.385 of 2020, under Sections- 3/5/8 of Cow Slaughter Act, Police Station- Khaga, District- Fatehpur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 15.6.2021 Dev/-
1 issue framed by the court
Whether bail should be granted to the applicants on grounds of false implication and identity of footings with already released co-accused.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherReferred¶8
Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 · Who else cites this
2 provisions across 2 enactments
Arman
Shaukat Ali
State of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
