Arbaz Ali v. State of U.P.
Case brief
What is this about?
Application for bail in a case under U.P. Prevention of Cow Slaughter Act and Prevention of Cruelty to Animals Act. Bail granted on personal bond and sureties subject to standard conditions.
What did the court decide?
Released on bail on furnishing personal bond and two local sureties subject to conditions of not tampering with evidence and appearing in court.
What the court decided
Court No. - 49
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36244 of 2022
Applicant :- Arbaz Ali Opposite Party :- State of U.P. Counsel for Applicant :- Saqib Meezan,Salman Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Mayank Kumar Jain,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed on behalf of applicant in Case Crime No.185 of 2022, under Section 3/5A/8 of U.P. Prevention of Cow Slaughter Act and section 11 Prevention of Cruelty to Animals Act, Police Station Moodhapandey, District Moradabad with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It is submitted that there is no allegation of slaughtering of the animals and the animals which were recovered from the possession of the applicant belongs to the applicant. Thus, the applicant is entitled to be enlarged on bail. It is further submitted that applicant is languishing in jail since 15.07.2022 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail in murder and cruelty to animals charges?
Whether the applicant made out a prima facie case for bail despite serious allegations?
Parties & counsel
- applicant
Arbaz Ali
Coram
Mayank Kumar Jain
Vijay Kumar Gupta
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- BAIL/36244/2022
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