Rizwan v. State of U.P.
Case brief
What is this about?
The High Court granted bail to Rizwan, an accused in a Prevention of Cow Slaughter Act case, allowing his release subject to personal bond and sureties without delving into the merits of the recovery allegations.
What did the court decide?
Release of the applicant on bail on furnishing a personal bond and two sureties each.
What the court decided
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14440 of 2022
Applicant :- Rizwan Opposite Party :- State of U.P. Counsel for Applicant :- Farid Ahmed Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
1.Heard Sri Farid Ahmed, the learned counsel for the applicant, Sri Arun Kumar Pandey, the learned State Counsel and perused the record.
2.The instant application has been filed seeking release of the applicant on bail in Case Crime No. 53 of 2022, under Sections 3/5/8, Prevention of Cow Slaughter Act, Police Station Kotwali Sambhal, District Sambhal during pendency of the trial in the Court below.
3.The aforesaid case has been registered on the basis of a first information report dated 07.03.2022 lodged by a Sub-Inspector of police against six named accused persons, including the applicant, and three unknown persons, alleging that upon an information received from a Mukhbir (informer), a police team reached upon the land belonging to one Yawar and found, some persons were unloading flesh of cow. Two persons namely (1) Gufran and (2) Rizwan were apprehended from the spot and 150 kg. flesh was recovered from the applicant.
4.In the affidavit filed in support of the bail application, it has been stated that nothing has been recovered from the possession of the applicant and the applicant has not been arrested from the spot. It has further been stated that there are no independent witnesses of the alleged recovery.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to release on bail in the under trial stage of the proceedings.
Parties & counsel
- applicant
Rizwan
Coram
Subhash Vidyarthi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- BAIL/14440/2022
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