Allowed

Irfan Gaddi @ Irfan v. State of U.P.

Allahabad HC20 Jun 2022BAIL/24248/2022

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 24248 of 2022, the Allahabad High Court allowed the bail application of Irfan Gaddi under the Prevention of Cow Slaughter Act. The court considered the nature of the offence, the fact that co-accused had been granted bail, and applied the mandate laid down in Dataram Singh, allowing bail subject to personal bond and sureties.

What did the court decide?

The applicant, Irfan Gaddi, be released on bail with a personal bond and two sureties each in like amount.

Irfan Gaddi @ Irfan Vs State of U.P. — Cheque Dishonour | Allahabad HC (2022)

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Court No. - 44

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24248 of 2022

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Applicant :- Irfan Gaddi @ Irfan Opposite Party :- State of U.P. Counsel for Applicant :- Nagendra Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.246 of 2021, under Section 3/5-A/8 Prevention of Cow Slaughter Act, P.S. Kunwargaon, District Budaun, during pendency of the trial.

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It is argued by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. The applicant has been arrested on the basis of the confessional statement of other co-accused. Nothing incriminating article has been recovered from he possession of the applicant. It has been next submitted that co-accused Sher Mohammad and Bablu have been granted bail by co-ordinate Bench of this Court vide orders dated 21.4.2022 and 5.4.2022 passed in Criminal Misc. Bail Application Nos.13396 of 2022 and 6657 of 2022. Copy of the order has been annexed as Annexure No.3 to the bail application. The applicant is languishing in jail since 12.04.2022 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Irfan Gaddi , who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction

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of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 20.6.2022 Deepika

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Digitally signed by DEEPIKA SINGH Date: 2022.06.23 14:05:16 IST Reason: Location: High Court of Judicature at Allahabad

Irfan Gaddi @ Irfan v. State of U.P.

Case brief

What is this about?

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Irfan Gaddi @ Irfan v. State of U.P.

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