Allowed

Salman v. State of U.P.

Allahabad HC23 Aug 2022BAIL/34205/2022

Case brief

AI extract

What is this about?

The court allowed the bail application of Salman accused under Sections 269, 270 IPC and Prevention of Cow Slaughter Act. The High Court held that the applicant has made out a case for bail based on prima facie innocence and lack of independent witnesses.

What did the court decide?

Applicant enlarged on bail on furnishing personal bond and two sureties subject to conditions not to tamper with evidence.

Salman Vs State of U.P. — Corruption | Allahabad HC (2022)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34205 of 2022

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Applicant :- Salman Opposite Party :- State of U.P. Counsel for Applicant :- Farid Ahmad Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard 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 on behalf of the applicant Salman with a prayer to release him on bail in Case Crime No.279 of 2022, under Sections 269, 270 I.P.C.& Section 3/5/8 Prevention of Cow Slaughter Act, P.S.Nakhasa, District Sambhal during pendency of the trial.

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It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. As per prosecution case, 50 Kg beef meat has been recovered in two packets. It alleged in the First Information Report that four persons were involved in committing the offence. Three persons were arrested and one person ran away. He next argued that there is no independent or public witness while arresting the applicant. Recovered meat is beef meat or other meat is not ascertained. Initially, First Information Report was registered under section 269, 270 & 429 I.P.C. but without any evidence, provision of Cow Slaughter Act has been imposed against the applicant. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 20.06.2022 and in case he is enlarged on bail he will not misuse the liberty of bail.

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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 the 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, Salman be released on bail in Case Crime No.279 of 2022, under Sections 269, 270 I.P.C.& Section 3/5/8

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Prevention of Cow Slaughter Act, P.S.Nakhasa, District Sambhal on his furnishing a personal bond and 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 :- 23.8.2022/SKD

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Digitally signed by SURJIT KUMAR DEY Date: 2022.08.24 10:16:20 IST Reason: Location: High Court of Judicature at Allahabad

Salman v. State of U.P.

Case brief

What is this about?

What did the court decide?

Salman v. State of U.P.

Case brief

What is this about?

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