Chaman v. State of U.P.
Case brief
What is this about?
This judgment grants bail to the applicant, Chaman, in a case under the Prevention of Cow Slaughter Act. The court noted the applicant was not named in the FIR, had no criminal history, and co-accused were already on bail.
What did the court decide?
Released on bail furnishing a personal bond and two sureties with conditions against tampering with evidence and witnesses.
What the court decided
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15570 of 2022
Applicant :- Chaman Opposite Party :- State of U.P. Counsel for Applicant :- Narayan Singh(Kushwaha) Counsel for Opposite Party :- G.A.
Hon'ble Chandra Kumar Rai,J.
Heard Sri Narayan Singh Kushwaha, learned counsel for the applicant, learned A.G.A. and perused the record.
The instant bail application has been filed on behalf of the applicant-Chaman with a prayer to release him on bail in Case Crime No.10 of 2022 under Sections 3/5/8 Prevention of Cow Slaughter Act, Police Station-Pilua, District Etah during pendency of trial.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He further submitted that the applicant was not named in the FIR. His name surfaced for the first time during investigation. It is next submitted that there is no recovery of prohibited cow meat from the possession of the applicant. He further submitted that co-acccused, Afashan and Satyaveer @ Bengan have already been enlarged on bail by this Court vide orders dated 18.4.2022 and 21.4.2022 passed in Criminal Misc. Bail Application Nos.10507 of 2022 and 12532 of 2022 respectively. He further submitted that role of the applicant is similar and identical to that of the co-accused who have been granted bail by this Court. The applicant is having no criminal history. He further submits that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, and is in jail since 23.1.2022.
Issues for consideration
1 issue framed by the court
Whether to grant bail to Chaman in a case under the Prevention of Cow Slaughter Act given his innocence and lack of criminal history.
Parties & counsel
- applicant
Chaman
Coram
Chandra Kumar Rai
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- BAIL/15570/2022
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