Allowed

Saleem Qureshi v. State of U.P.

Allahabad HC18 Jul 2022BAIL/20970/2022

Case brief

AI extract

What is this about?

The Court allowed the applicant's bail application in a case under the U.P. Prevention of Cow Slaughter Act, noting that a co-accused had already been granted bail and the case against the applicant appeared weaker. The applicant was released on personal bond and sureties subject to standard conditions.

What did the court decide?

Released on bail on furnishing a personal bond and two reliable sureties of the like amount subject to conditions regarding evidence and appearance.

Saleem Qureshi Vs State of U.P. — Cheque Dishonour | Allahabad HC (2022)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20970 of 2022

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Applicant :- Saleem Qureshi Opposite Party :- State of U.P. Counsel for Applicant :- Vikrant Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Vikrant Gupta, the learned counsel for the applicant, Sri Jitendra Kumar Jaiswal, the learned A.G.A. for the State and perused the record.

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The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 303 of 2021, under Sections 5/8 of U.P. Prevention of Cow Slaughter Act, I.P.C., P.S. Shahzad Nagar, District Rampur.

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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 named accused persons Fakruddin and Saleem Qureshi (applicant) alleging that 5 Kg of beef had been recovered from one of the accused persons namely Fakruddin and the applicant had absconded from the spot.

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In paragraph no. 8 of the affidavit filed in support of the bail application it has been stated that the applicant has a criminal history of only one case, being Case Crime No. 341 of 2009, under Sections 3/5/8 of Cow Slaughter Act, P.S. Civil Lines, District Rampur in which the applicant has been granted bail by means of an order passed by the Trial Court.

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It is further stated by the learned counsel for the applicant that the co-accused Fakruddin has already been granted bail by this Court vide order dated 22-03-2022 passed in Criminal Misc. Bail Application No. 5497 of 2022.

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The submission of the learned counsel for the applicant is that Fakruddin had been apprehended and arrested on the spot and the case set up against the applicant stands on a weaker footing.

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It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, he has been falsely implicated in the case and he is in jail since 20.04.2022. It has also been stated in the affidavit that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail. It is also stated in the affidavit that the applicant will not misuse the liberty of bail and he will fully cooperate in the investigation.

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Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute that the case set up against the applicant is similar to that set up against the other co-accused person, who has already been released on bail.

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Keeping in view the aforesaid fact, this Court is satisfied that the applicant has made out a case for being enlarged on bail pending conclusion of the trial. The bail application is accordingly allowed.

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Let the applicant - Saleem Qureshi be released on bail in Case Crime No. 303 of 2021, under Sections 5/8 of U.P. Prevention of Cow Slaughter Act, I.P.C., P.S. Shahzad Nagar, District Rampur on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to 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 bail before this Court seeking cancellation of bail.

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Order Date :- 18.7.2022

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pks

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Digitally signed by PANKAJ KUMAR SRIVASTAVA Date: 2022.07.18 18:53:54 IST Reason: Location: High Court of Judicature at Allahabad

Saleem Qureshi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Saleem Qureshi v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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