Allowed

Talib v. State of U.P.

Allahabad HC15 Dec 2022BAIL/34277/2022

Case brief

AI extract

What is this about?

In a criminal miscellaneous bail application filed under Sections 3/5/8 of the U.P. Prevention of Cow Slaughter Act and Section 379 IPC, the Court allowed bail to the applicant. The applicant was released on a personal bond and two sureties subject to standard conditions.

What did the court decide?

Release on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court.

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

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34277 of 2022

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Applicant :- Talib Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Supplementary affidavit has been filed today in the Court, is taken on record.

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Heard Sri Ajay Kumar Srivastava, learned counsel for the applicant, Sri Ram Adhar Ram, 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. 255 of 2022, registered under Sections 3/5/8 Cow Slaughter Act and Section 379 I.P.C., Police Station Sungadhi, District Pilibhit during pendency of the trial.

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Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case as FIR is registered against unknown person and since applicant was involved in earlier cases on that account, police party implicated the applicant in the present case. It is further submitted that no offence under Sections U.P. Prevention of Cow Slaughter Act, 1955 has been committed by him warranting punishment under the aforesaid Act. From the allegations made against the applicant, no cognizable offence as per Section 9 of the U.P. Prevention of Cow Slaughter Act, 1955 is made out against him. The offence is triable by Magistrate. Criminal history of the applicant has been explained in para 2 of the supplementary affidavit. The applicant is languishing in jail since 10.06.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate 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 law laid down by the Apex Court in Satendra Kumar Antil

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Vs. C.B.I. & Another , S.L.P.(Crl.) No. 5191 of 2021 , 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, Talib, who is involved in the aforesaid case crime, be released on bail 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 :- 15.12.2022 Nitin Verma

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Digitally signed by NITIN KUMAR VERMA Date: 2022.12.15 17:07:20 IST Reason: Location: High Court of Judicature at Allahabad

Talib v. State of U.P.

Case brief

What is this about?

What did the court decide?

Talib v. State of U.P.

Case brief

What is this about?

What did the court decide?

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