Allowed

Nazim v. State of U.P.

Allahabad HC11 Jul 2022BAIL/19186/2022

Case brief

AI extract

What is this about?

This court allowed the bail application of Nazim in a case involving theft of an ox and cow slaughter. The bail was granted following the observations in Data Ram Vs. State of U.P., treating it as a fit case despite not expressing an opinion on merits.

What did the court decide?

Bail granted with personal bond and two sureties; conditions include appearance, no tampering, no threatening witnesses, and no reoffending.

Nazim Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 77

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19186 of 2022

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Applicant :- Nazim Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Jamshed Khan Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Supplementary affidavit filed today, is taken on record.

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Heard learned counsel for the applicant and the learned A.G.A.

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This is a bail application on behalf of the applicant Nazim in connection with Case Crime No.211 of 2021, under Sections 379 I.P.C. and 3/5/8 Cow Slaughter Act and Section 11 Animal Cruelty Act, Police Station Bilari, district Moradabad.

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The first information report of this incident was lodged by the informant against unknown persons. It was alleged in the first information report that in the intervening night of 11/12.06.2021 informant's Ox was stolen by some unknown persons.

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The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with ulterior motive. He submitted that applicant was not named in the first information report. He submitted that name of the applicant has surfaced during investigation in the confessional statement of co-accused Abdul Sattar. He submitted that nothing incriminating article was recovered from the possession of the applicant or on his pointing out. He submitted that previous criminal history of the applicant has satisfactorily been explained in the supplementary affidavit. He submitted that applicant is languishing in jail since 12.10.2021, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.

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Learned A.G.A. has opposed the bail plea. However, learned A.G.A. does not dispute the factum of parity.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2 , but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

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Accordingly, the bail application stands allowed.

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Let the applicant Nazim involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses;

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iii) The applicant shall appear on the date fixed by the trial court; iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;

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v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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Order Date :- 11.7.2022

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R./

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Digitally signed by RAJEEV KUMAR SACHDEVA Date: 2022.07.13 09:48:18 IST Reason: Location: High Court of Judicature at Allahabad

Nazim v. State of U.P.

Case brief

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Nazim v. State of U.P.

Case brief

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