Allowed

Mohd. Afsaar Alias Afsar v. State of U.P.

Allahabad HC13 Apr 2022BAIL/15474/2022

Case brief

AI extract

What is this about?

Single judge of High Court of Judicature at Allahabad allowed bail in Cow Slaughter Act case where applicant claimed false implication and lack of recovery of prohibited meat, rejecting opposition by State due to lack of satisfactory dispute.

What did the court decide?

Released on bail by furnishing personal bond and two sureties each in like amount to satisfaction of court below.

Mohd. Afsaar Alias Afsar 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. - 15474 of 2022

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Applicant :- Mohd. Afsaar Alias Afsar Opposite Party :- State of U.P. Counsel for Applicant :- Shivakant 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.182 of 2021 at Police Station Hathgaon District Fatehpur under Sections 3/5A/8 U.P. Prevention of Cow Slaughter Act. The applicant is in jail since 12.03.2022.

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The bail application of the applicant was rejected by learned Sessions Judge, Fatehpur on 24.03.2022.

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Shri Shivakant, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. No recovery of prohibited cow meat has been made from the applicant. The applicant was named in the statement made by a co-accused before the police authority. The said statement insofar as it implicates the applicant is unreliable. Explaining the criminal history of the applicant learned counsel for the applicant contends that being from economically weaker section of the society the applicant has become an easy scapegoat for the police authorities who have falsely implicated the applicant in a number of cases to burnish their credentials. The applicant has never misused the liberty of bail granted to him in the said cases. The said cases do not relate to heinous crimes

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and have no bearing on this bail application. The applicant is not a flight risk.

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Shri Nafees Ahmad, learned A.G.A for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA 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-Mohd. Afsaar Alias Afsar 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 :- 13.4.2022 Nadeem

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Digitally signed by NADEEM AHMAD Date: 2022.04.18 18:39:47 IST Reason: Location: High Court of Judicature at Allahabad

Mohd. Afsaar Alias Afsar v. State of U.P.

Case brief

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Mohd. Afsaar Alias Afsar v. State of U.P.

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