Allowed

Sartaj v. State of U.P.

Allahabad HC13 Jan 2022BAIL/32380/2021

Case brief

AI extract

What is this about?

In a bail application under the U.P. Prevention of Cow Slaughter Act, 1989, the Court held that a case for bail is made out as the applicant was not apprehended on the spot and there was no recovery of evidence from him. Despite opposition by the Public Prosecutor, the application was allowed.

What did the court decide?

Release of the applicant on bail upon executing a personal bond and two sureties subject to standard conditions to ensure appearance and non-interference with evidence.

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

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Court No. - 83

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32380 of 2021

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Applicant :- Sartaj Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Ram Krishna Gautam,J.

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Heard over bail application moved by the applicant, Sartaj, in Case Crime No. 196 of 2021, under Sections-3/5/8 of U.P. Prevention of Cow Slaughter Act, 1989 Police StationAjeetmal, District-Auraiya.

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Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.

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Learned counsel for the applicant argued that the applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 09.06.2021; neither he was apprehended on spot nor was there any recovery from him; he was fled from spot, whereas, it is a false implication; criminal antecedents have been explained by him; co-accused has been enlarged on bail by coordinate Bench of this Court; there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case of release on bail; hence bail has been prayed for.

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Learned AGA has vehemently opposed bail, but could not oppose this fact that the applicant was neither apprehended on spot and there is no recovery from him.

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Having heard learned counsel for both the parties, gone through the material placed on record and considering the nature of accusations, severity of the punishment in the case of conviction but without commenting on the merits of the case, a case for bail is made out, accordingly allowed.

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Let the applicant, Sartaj , involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The applicant will appear regularly on each and every date

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fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.

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The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.

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The computer generated copy of such order shall be self attested by counsel of the party concerned.

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The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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Order Date :- 13.1.2022 Deepak/

Sartaj v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sartaj v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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