Allowed

Jubair v. State of U.P.

Allahabad HC30 Aug 2022BAIL/31538/2022

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application allowed. The applicant was accused of offenses under the U.P. Prevention of Cow Slaughter Act, 1955. The court found he made out a case for bail per Dataram Singh, directing release on personal bond and two sureties.

What did the court decide?

The applicant allowed to be released on bail upon furnishing a personal bond and two sureties, subject to specified conditions.

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

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31538 of 2022

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Applicant :- Jubair Opposite Party :- State of U.P. Counsel for Applicant :- R.L. Varma,Manju Verma Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard Ms. Manju Verma, 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 with a prayer to release the applicant on bail in Case Crime No.232 of 2022, registered under Sections 3/5A/8 of U.P. Prevention of Cow Slaughter Act, 1955, Police Station Nigohi, District Shahjahanpur during pendency of the trial.

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As per allegation made in the FIR, 50 kg of beef and knife have been recovered from the joint possession of three persons including the applicant.

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Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is not certain that the recovered meat is beef. No examination has been done of the recovered meat. Nothing has been recovered from the possession of the applicant. There is on independent or public witness of the incident. The applicant has no previous criminal history. The applicant is languishing in jail since 23.05.2022. In case, the applicant is released 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 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, Jubair, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and

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two sureties each in the like amount to the satisfaction 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 :- 30.8.2022 Nitin Verma

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Digitally signed by NITIN KUMAR VERMA Date: 2022.08.31 09:46:49 IST Reason: Location: High Court of Judicature at Allahabad

Jubair v. State of U.P.

Case brief

What is this about?

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Jubair v. State of U.P.

Case brief

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