Allowed

Gufran v. State of U.P.

Allahabad HC17 Aug 2022BAIL/18092/2022

Case brief

AI extract

What is this about?

This court allowed bail to the applicant Gufran in a non-cognizable case under the U.P. Prevention of Cow Slaughter Act after noting allegations of false implication, lack of independent witnesses, and a categorical undertaking not to tamper with evidence or abscond.

What did the court decide?

The applicant is released on bail by furnishing a personal bond and two sureties in like amounts, subject to conditions against tampering and absconding.

Gufran Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2022)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18092 of 2022

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Applicant :- Gufran Opposite Party :- State of U.P. Counsel for Applicant :- Ram Kumar Dubey,Ajay Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Ajay Kumar Mishra, the learned counsel for the applicant, Sri Dinesh Kumar Srivastava, the learned Additional Government Advocate and perused the record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 149 of 2022, under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, Police Station Nakhasa District Sambhal during pendency of the trial in the Court below.

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The aforesaid case has been registered on the basis of an F.I.R. lodged by a Sub Inspector of Police against two accused persons Gufran (applicant) and Nazim @ Tunda and it is alleged that 200 k.g. flesh of cow progeny was recovered from them.

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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 he has been falsely implicated in the present case. It has also been stated that the applicant has no criminal antecedent. The applicant is languishing in jail since 26.03.2022.

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The affidavit contains an undertaking that in case the applicant is released on bail, he will not tamper with the evidence or influence the witnesses and he will not abscond from judicial process and he will not misuse the liberty.

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The learned counsel for the applicant has submitted that there are no independent witness of the alleged recovery, and therefore, there is no chance of the applicant being held guilty of the offence in question.

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Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail.

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Having regard to the aforesaid facts and submissions and keeping in view the fact that there are no independent witnesses of the alleged recovery and that the applicant is languishing in jail since 26.03.2022 and a categorical undertaking has been given to the effect that he will not misuse the liberty, I am of the view that the applicant is entitled to be released on bail.

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In light of the preceding discussion and without making any observation on the merits of the case, the instant bail application is allowed .

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Let the applicant Gufran be released on bail in Case Crime No. 149 of 2022, under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, Police Station Nakhasa District Sambhal on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-

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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 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 an application before this Court seeking cancellation of the bail.

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Order Date :- 17.8.2022

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Jaswant

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Digitally signed by JASWANT KUMAR Date: 2022.08.17 18:11:52 IST Reason: Location: High Court of Judicature at Allahabad

Gufran v. State of U.P.

Case brief

What is this about?

What did the court decide?

Gufran v. State of U.P.

Case brief

What is this about?

What did the court decide?

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