Allowed

Mohd. Arif v. State of U.P.

Allahabad HC1 Sept 2022BAIL/35012/2022

Case brief

AI extract

What is this about?

Hon'ble Court allowed the bail application of Mohd. Arif, convicted under the U.P. Prevention of Cow Slaughter Act, releasing him on a personal bond and two sureties subject to conditions including cooperation in trial and non-interference with witnesses.

What did the court decide?

The applicant is released on bail on personal bond and two sureties subject to conditions regarding cooperation and conduct.

Mohd. Arif 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. - 35012 of 2022

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Applicant :- Mohd. Arif Opposite Party :- State of U.P. Counsel for Applicant :- Javed Khan 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 with a prayer to release him on bail in Case Crime No. 139 of 2022, under Sections 3/5A/8/5B of U.P. Prevention of Cow Slaughter Act, P.S. Jangipur, District Ghazipur, during pendency of the trial.

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It is argued by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case due to enmity; as per F.I.R., two cows from the Tatasumo car has been recovered; applicant is not owner or driver of the vehicle; there is no independent or public witness of the alleged recovery which is totally false. It is submitted that no offence under U.P. Prevention of Cow Slaughter Act, 1955 has been committed by him warranting punishment under the aforesaid Act; the applicant has no criminal history. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 26.07.2022 and in case he is enlarged 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 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, Mohd. Arif, 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 :- 1.9.2022 Meenu

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Digitally signed by MEENU SINGH Date: 2022.09.03 14:55:41 IST Reason: Location: High Court of Judicature at Allahabad

Mohd. Arif v. State of U.P.

Case brief

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Mohd. Arif v. State of U.P.

Case brief

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