Allowed

Shanu and Another v. State of U.P.

Allahabad HC17 Oct 2022BAIL/27347/2022

Case brief

AI extract

What is this about?

The High Court allowed bail to two applicants in a case involving IPC offences and the Prevention of Cow Slaughter Act, directing them to furnish a bond and two sureties subject to standard conditions regarding evidence tampering and witness influence.

What did the court decide?

Release on bail subject to personal bond and two reliable sureties each, with conditions to not tamper with evidence or influence witnesses.

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

¶1

Court No. - 79

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27347 of 2022

¶3

Applicant :- Shanu And Another Opposite Party :- State of U.P. Counsel for Applicant :- Mukti Nath Dwivedi Counsel for Opposite Party :- G.A.

¶4

Hon'ble Subhash Vidyarthi,J.

¶5

1.Heard Sri Mukti Nath Dwivedi, the learned counsel for the applicants, Sri D.K. Srivastava, the learned A.G.A. for the State and perused the record.

¶6

2.The present bail application has been filed by the applicants with the prayer to enlarge him on bail in Case Crime No. 455 of 2021, under Sections 420, 467, 468, 471 I.P.C. and Section 3/5/8 of Prevention of Cow Slaughter Act, P.S. Kanth, District Shahjahnapur.

¶7

3.The aforesaid case has been registered on the basis of an F.I.R. lodged by an Inspector of Police against 4 named accused persons alleging that on the basis of an information received from a mukhbir, two motor cycles were intercepted and all the 4 persons sitting on the motor cycles ran away. One motor cycle and two sacks containing 10 Kg. flesh in each of them was recovered from the spot, which was opined to belong to cow progeny.

¶8

4.It has been averred in the affidavit filed in support of the bail application that the applicants are innocent person, they have been falsely implicated in the case and they are in jail since 2705-2022.

¶9

The criminal history of the applicant no.1 has been explained in the supplementary affidavit filed in support of the bail application and criminal history of the applicant no.2 has been disclosed in para 5 thereof as per which both of them involved in numerous cases and they have been granted bail in all the cases.

¶10

6.The learned A.G.A., on the basis of instructions has opposed the prayer for grant of bail to the applicants. However, he could not dispute the aforesaid aspects of the case.

¶11

7.Having considered the aforesaid facts and submissions and keeping in view the fact that the police claims to have recovered 20 Kg. of beef and no person has been arrested from the spot and also keeping in view the fact that the applicants are languishing in jail since 27-05-2022, I am of the view that the

¶12

applicants are entitled to be released on bail pending conclusion of the trial. The bail application is accordingly allowed.

¶13

8.Let the applicants - Shanu and Wahid be released on bail in Case Crime No. 455 of 2021, under Sections 420, 467, 468, 471 I.P.C. and Section 3/5/8 of Prevention of Cow Slaughter Act, P.S. Kanth, District Shahjahnapur, on their furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

¶14

(i) The applicants will not tamper with the evidence during the trial.

¶15

(ii) The applicants will not influence any witness.

¶16

(iii) The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.

¶17

(iv) The applicants 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.

¶18

9.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 bail.

¶19

Order Date :- 17.10.2022

¶20

pks

¶21

Digitally signed by PANKAJ KUMAR SRIVASTAVA Date: 2022.10.19 11:46:00 IST Reason: Location: High Court of Judicature at Allahabad

Shanu and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shanu and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sunil Kumar Vs State of U.P.

Dinesh Kumar Vs State of U.P.

Nitesh and Another Vs State of U.P.

Vishal Singh Vs State of U.P.

Vinay Kumar Vs State of U.P.

Sharif Vs State of U.P and Another