Allowed

Taufik v. State of U.P.

Allahabad HC16 Aug 2022BAIL/28972/2022

Case brief

AI extract

What is this about?

In a bail application under the U.P. Cow Slaughter Prevention Act, the High Court, relying on the parity with a co-accused who was already released, granted bail to the applicant subject to personal bond, sureties, and specific conditions regarding non-tampering and appearance.

What did the court decide?

Release of the applicant on bail on furnishing a personal bond and two sureties, subject to conditions of non-tampering and appearance.

Taufik Vs State of U.P. — Pension and Retirement Benefits | Allahabad HC (2022)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28972 of 2022

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Applicant :- Taufik Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Kalim Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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1.Heard Sri Mohd. Kalim, the learned counsel for the applicant, Sri Jitendra Kumar Jaiswal, the learned Additional Government Advocate and perused the record.

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2.Supplementary affidavit filed today is taken on record.

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3.The instant application has been filed seeking release of the applicant on bail in Case Crime No. 69 of 2022, under Sections 3/5Ka/8 U.P. Cow Slaughter (Prevention ) Act, Police Station Badgaon, District Saharanpur during pendency of the trial in the Court below.

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4.The aforesaid case has been registered on the basis of a first information report dated 26.04.2022 lodged against four named accused persons, including the applicant, alleging that they had slaughtered a cow and were carrying its flesh.

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5.In the affidavit filed in support of the bail application, it has been stated that the applicant has no previous criminal history. However, simultaneous to the applicant's implication in the present case, he has also been implicated in three other cases namely (1) Case Crime No. 68 of 2022, under Section 307 IPC, P.S. Badgaon, District Saharanpur, (2) Case Crime No. 74 of 2022, under Sections 465, 482, 414, 411 IPC, P.S. Badgaon, District Saharanpur and (3) Case Crime No. 71 of 2022, under Section 3/25 Arms Act, P.S. Badgaon, District Saharanpur. The applicant has already been granted bail in Case Crime No. 68 of 2022 and Case Crime No. 74 of 2022 and copies of bail orders dated 01.06.2022 and 08.06.2022 have been annexed as Annexure-2 to the affidavit filed in support of the bail application. The applicant has yet to file an application for bail in Case Crime No. 71 of 2022. The affidavit contains a statement that the applicant is having a house and in case he is released on bail, there is no chance of his absconding or tampering with the witnesses and he will not misuse the liberty.

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6.The learned counsel for the applicant has submitted that the

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other named co-accused person namely Meer Ahmad @ Meeru has already been granted bail by this Court by means of an order dated 04.08.2022 passed in Criminal Misc. Bail Application No. 31257 of 2022.

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7.The learned counsel for the applicant has further stated 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. Therefore, the applicant is entitled to be released on bail on the ground of parity.

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8.The applicant is languishing in jail since 26.04.2022.

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9.Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute the fact 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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10.Having regard to the aforesaid facts and submissions and keeping in view the fact that the case set up against the applicant is similar to that set up against the co-accused person namely Meer Ahmad @ Meeru, who has already been released on bail, I am of the view that the applicant is also entitled to be released on bail.

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11.In light of the preceding discussion and without making any observation on the merit of the case, the instant bail application is allowed .

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12.Let the applicant - Taufik be released on bail in Case Crime No. 69 of 2022, under Sections 3/5Ka/8 U.P. Cow Slaughter (Prevention ) Act, Police Station Badgaon, District Saharanpur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the 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

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evidence.

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13.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 the bail.

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Order Date :- 16.8.2022 Ashish Pd.

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Digitally signed by ASHISH PRASAD Date: 2022.08.17 18:51:03 IST Reason: Location: High Court of Judicature at Allahabad

Taufik v. State of U.P.

Case brief

What is this about?

What did the court decide?

Taufik v. State of U.P.

Case brief

What is this about?

What did the court decide?

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