Allowed

Naushad v. State of U.P.

Allahabad HC3 Feb 2022ABAIL/384/2022

Case brief

AI extract

What is this about?

The Court allowed an anticipatory bail application under Section 438 Cr.P.C. granting relief to an accused falsely implicated in a cow slaughter case, noting the lack of independent witnesses and the lack of pandemic-related jail overcrowding as a secondary factor.

What did the court decide?

Anticipatory bail granted under S. 438 Cr.P.C. and various other Acts by furnishing a personal bond with two sureties.

Naushad Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2022)

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Court No. - 79

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 384 of 2022

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Applicant :- Naushad Opposite Party :- State of U.P. Counsel for Applicant :- Anand Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Heard Shri Anand Kumar Singh, learned counsel for the applicant and learned AGA for the State through video conferencing mode.

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Shri Anand Kumar Singh, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. No prohibited cow meat was recovered from the applicant. There is no independent witness or public witness to the alleged recovery. There is no forensic science laboratory report which confirms that the substance allegedly recovered is prohibited meat. The applicant has been implicated as he is the owner of the truck. The applicant had leased out the truck to one Muneem. The said Muneem operates the truck and the applicant has no concern with the persons who hire the truck or the goods being carried in the truck. Apart from the instant case, the applicant does not have any criminal history. 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

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tamper with the evidence nor influence the witnesses in any manner.

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Shri Anupam Anand, learned brief holder could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not dispute the fact that the applicant does not have any criminal history apart from this case.

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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 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 anticipatory bail.

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

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The applicant- Naushad is granted anticipatory bail in Case Crime No.196 of 2021, under Sections 420, 467, 468, 471, 34 I.P.C. and 3/5A/8 of UP Prevention of Cow Slaughter Act and Section 11 of Animal Cruelty Act and Section 7 of Criminal Law (Amendment) Act, Police Station Babina District Jhansi, till the conclusion of the trial on furnishing a personal bond with two

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sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) the applicant shall attend the court proceedings as and when required;

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(ii) The applicant shall not directly or indirectly make any inducement, threat or promise or 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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(iii) the applicant shall not leave India without the previous permission of the court.

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

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In case any false facts have been stated on behalf of the applicant or material facts have been suppressed, the State or any concerned party may file an application for recall of this order.

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The applicant is directed to produce a copy of this order before the S.S.P./S.P. who shall ensure the compliance of present order.

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Order Date :- 3.2.2022 Dhananjai

Naushad v. State of U.P.

Case brief

What is this about?

What did the court decide?

Naushad v. State of U.P.

Case brief

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What did the court decide?

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