Allowed

Subhan v. State of U.P.

Allahabad HC21 Mar 2022BAIL/2825/2022

Case brief

AI extract

What is this about?

The court allowed the bail application of the accused-applicant Subhan under the Cow Slaughter Act, noting that similarly placed co-accused had been granted bail by co-ordinate benches and that no probability of flight or misuse of bail was established.

What did the court decide?

Relief granted by order dated 21.3.2022: The applicant was released on bail on furnishing a personal bond with two sureties, subject to conditions against tampering with evidence, seeking adjournments

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

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2825 of 2022

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Applicant :- Subhan Opposite Party :- State of U.P. Counsel for Applicant :- Ram Kumar Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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Heard Shri Ram Kumar Dubey, learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.

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This bail application has been moved on behalf of the accusedapplicant/ Subhan for grant of bail, in Case Crime No. 306 of 2021, under Section 3/5/8 Cow Slaughter Act, Police Station Bhagatpur, District Moradabad, during pendency of trial.

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Learned counsel for accused-applicant while pressing the bail application submits that the accused-applicant has been falsely implicated in the instant case and nothing incriminating or prohibited flesh has been recovered either from the possession or on the pointing of the applicant.

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It is further submitted that identically placed co-accused namely Mohd. Umar, Bhura and Azam Ali have also been released on bail by co-ordinate Benches of this Court, vide orders dated 04.02.2022 and 03.02.2022 passed in Crl. Misc. Bail Application Nos. 2335 of 2022 and 2155 of 2022, respectively.

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It is further submitted that criminal history of single case has been assigned to the applicant, however, in that case also, which was pertaining to Section 13 of Gambling Act the applicant has confessed and now the case has been adjudicated. The applicant is languishing in jail in this case since 10.12.2021 and the alleged offences levelled against the applicant are triable by Magistrate. Charge sheet in this case has been filed and there is no likelihood that the accused-applicant after release on bail may flee from the process of law or will misuse the liberty of bail.

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Learned A.G.A. on the other hand opposes the prayer of bail but could not confront the fact that the similarly placed co-accused persons have been granted bail by co-ordinate Benches of this Court.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is allowed.

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Let the accused-applicant/ Subhan involved in aforesaid case be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

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

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

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(iii) 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 :- 21.3.2022 Praveen

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Digitally signed by PRAVEEN KUMAR Date: 2022.03.21 17:10:17 IST Reason: Location: High Court of Judicature at Allahabad

Subhan v. State of U.P.

Case brief

What is this about?

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Subhan v. State of U.P.

Case brief

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