Allowed

Idris v. State of U.P.

Allahabad HC6 Apr 2022BAIL/10201/2022

Case brief

AI extract

What is this about?

The Allahabad High Court allowed bail to the applicant, Idris, charged under the UP Prevention of Cow Slaughter Act. The court found merit in the submission of false implication and lack of independent witness, granting bail subject to standard conditions.

What did the court decide?

Release of the applicant on bail by furnishing a personal bond and two sureties subject to conditions against tampering with evidence and influencing witnesses.

Idris Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10201 of 2022

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Applicant :- Idris Opposite Party :- State of U.P. Counsel for Applicant :- Mazhar Ullah Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.30 of 2022 at Police Station Azimnagar District Rampur under Section 3/5/8 U.P. Prevention of Cow Slaughter Act. The applicant is in jail since 02.02.2022.

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The bail application of the applicant was rejected by learned Incharge Sessions Judge,Rampur on 19.02.2022.

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Shri Mazhar Ullah, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. Prohibited cow meat was planted on the applicant to burnish the credentials of police investigators. There is no independent witness to the recovery. No forensic science laboratory report has been submitted which confirms that the substance allegedly recovered is prohibited cow meat. Prosecution evidence does not connect the applicant with the crime. Learned counsel for the applicant contends that the applicant does not have any criminal history apart from this case. Learned counsel for the applicant claims congruency in role and seeks parity in relief granted to other co-accused namely Kasim who has been enlarged

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on bail by this Court by order dated 04.04.2022 in Criminal Misc. Bail Application No. 13191 of 2022. Lastly it is contended by the learned counsel for applicant that the applicant shall not abscond and will 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 Amit Kumar, learned brief holder for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned brief holder does not dispute the fact that the applicant does not have any criminal history apart from this case.

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I see merit in the submissions of learned counsel for the applicant and accordingly 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-Idris be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on

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the date fixed, unless personal presence is exempted.

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(iv) The applicant shall not directly or indirectly make 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 condition, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 6.4.2022 Nadeem

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Digitally signed by NADEEM AHMAD Date: 2022.04.07 11:28:59 IST Reason: Location: High Court of Judicature at Allahabad

Idris v. State of U.P.

Case brief

What is this about?

What did the court decide?

Idris v. State of U.P.

Case brief

What is this about?

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