Allowed

Noor Mohammad @ Thegan v. State of U.P.

Allahabad HC8 Apr 2022BAIL/14688/2022

Case brief

AI extract

What is this about?

The High Court allowed a bail application under the U.P. Prevention of Cow Slaughter Act, holding there is independent merit in the claim of false implication and lack of forensic evidence, releasing the applicant on bail with specific conditions.

What did the court decide?

Release on bail with a personal bond and two sureties and conditions regarding tampering, witness influence, and court appearance.

Noor Mohammad @ Thegan Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2022)

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14688 of 2022

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Applicant :- Noor Mohammad @ Thegan Opposite Party :- State of U.P. Counsel for Applicant :- Manvendra Singh 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.24 of 2022 at Police Station Kotwali District Fatehpur under Sections 3/5A/8 U.P. Prevention of Cow Slaughter Act. The applicant is in jail since 10.01.2022.

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The bail application of the applicant was rejected by learned Additional Sessions Judge, Fatehpur on 14.03.2022.

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Shri Prem Kumar Singh, learned counsel holding brief of Shri Manvendra Singh, 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. Learned counsel for the applicant contends that the applicant does not have any criminal history prior to this case. Learned counsel for the applicant claims congruency in role and seeks parity in relief granted to other coaccused namely Mohd. Samshad @Pappu, who has

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been enlarged on bail by this Court by order dated 31.3.2022 in Criminal Misc. Bail Application No.11943 of 2022.

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Shri Rajesh Mishra, learned brief holder for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned brief holder does not contest the criminal history of the applicant as disclosed in the bail application.

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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-Noor Mohammad @ Thegan 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 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

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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 :- 8.4.2022 Nadeem

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Digitally signed by NADEEM AHMAD Date: 2022.04.11 10:51:09 IST Reason: Location: High Court of Judicature at Allahabad

Noor Mohammad @ Thegan v. State of U.P.

Case brief

What is this about?

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Noor Mohammad @ Thegan v. State of U.P.

Case brief

What is this about?

What did the court decide?

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