Meraj Vs State of U.P. — Allahabad HC (2022) — LawSathi Research

Meraj Vs State of U.P. — Allahabad HC (2022) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant Meraj to be released on bail on furnishing a personal bond and two local sureties each in the like amount to the satisfaction of the court concerned, subject to conditions: appearance on dates fixed by the trial court, no tampering with prosecution evidence, no pressurizing prosecution witnesses; breach entitles prosecution to seek cancellation before this Court.

Issue for consideration

Whether the applicant Meraj, involved in case crime no. 188 of 2021 under Section 3/5A/8 Cow Slaughter Act and Section 11 Animal Cruelty Act, police station Mubarakpur, district Azamgarh, is entitled to be enlarged on bail.

Court's answer

Without commenting on the merits of the case, the applicant is entitled to be enlarged on bail.

Ratio / Principle

Bail granted on furnishing a personal bond and two local sureties each in the like amount, subject to conditions that the applicant appear on dates fixed by the trial court, not tamper with prosecution evidence, and not pressurize prosecution witnesses; on breach, the prosecution may move a bail cancellation application before this Court.

Detailed headnote1 paragraphs

Bail allowed — High Court of Judicature at Allahabad (Vivek Varma, J.), Criminal Misc. Bail Application No. 2876 of 2022, order dated 30.3.2022. Applicant Meraj, a primary school teacher, sought bail in case crime no. 188 of 2021 under Section 3/5A/8, Cow Slaughter Act and Section 11, Animal Cruelty Act, P.S. Mubarakpur, district Azamgarh. He was not apprehended at the spot, was neither driver nor owner of the alleged truck recovered, and no beef was recovered from him; he was in jail since 22.12.2021; his only antecedent (case crime no. 150 of 2012) ended in a police final report. Without commenting on merits, the Court enlarged him on bail on a personal bond and two local sureties each in the like amount, subject to conditions of appearing on fixed dates, not tampering with evidence and not pressurizing witnesses, with liberty to the prosecution to move for cancellation on breach.

Court No. - 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2876 of 2022

Applicant :- Meraj Opposite Party :- State of U.P. Counsel for Applicant :- Janardan Yadav,Firdos Ahmad Counsel for Opposite Party :- G.A.

Hon'ble Vivek Varma,J.

Heard Sri Janardan Yadav, learned counsel for the applicant and learned A.G.A. for the State respondent.

It is contended that the applicant is a teacher in a primary school. He was not apprehended at the spot. The applicant is neither driver nor owner of the alleged truck recovered from the spot. No beef as alleged was recovered from the applicant. It is further contended that earlier the applicant was involved in case crime no. 150 of 2012 and in the said case the police had submitted final report. The applicant is in jail since 22.12.2021 and if he is released on bail, he will not misuse the liberty of bail.

Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submission from the record.

Perused the material on record.

Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

Let the applicant Meraj involved in case crime no. 188 of 2021 under Section 3/5A/8 Cow Slaughter Act and Section 11 Animal Cruelty Act police station Mubarakpur district Azamgarh be released on bail on his furnishing a personal bond and two local sureties each in the like amount to the satisfaction of court concerned subject to the conditions that he:

shall appear on the date fixed by the trial court;

shall not tamper with the prosecution evidence;

shall not pressurize the prosecution witnesses.

In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

Order Date :- 30.3.2022 Ashish

Digitally signed by ASHISH Date: 2022.03.30 18:16:08 IST Reason: Location: High Court of Judicature at Allahabad