Allowed

Gulab Hasan v. State of U.P.

Allahabad HC25 Mar 2022BAIL/3811/2022

Case brief

AI extract

What is this about?

Hearing a bail application under Section 439 CrPC, the High Court of Judicature at Allahabad, rejecting the State's opposition but noting no cross-examination of counsel, allowed bail subject to a personal bond and two sureties, citing the accused's detention in another case as a circumstance against likelihood of retaliation.

What did the court decide?

Release of the applicant on bail upon furnishing a personal bond and two sureties.

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

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3811 of 2022

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Applicant :- Gulab Hasan Opposite Party :- State of U.P. Counsel for Applicant :- Ashwani Kumar Pathak Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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Heard Shri Ashwani Kumar Pathak, learned counsel for the accused/applicant as well as learned counsel representing the State and perused the record.

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This bail application has been moved by the accused/applicant Gulab Hasan for grant of bail, in Case Crime No.266 of 2021 under Sections 3/5-A/8 of the U.P. Prevention of Cow Slaughter Act and Section 11 of the Prevention of Cruelty to Animals, Act, Police Station Harraiya, District Basti, during trial.

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Learned counsel for the accused-applicant while pressing the bail application submits that the accused-applicant has falsely been implicated in the instant case and as per story of the prosecution as stated in the F.I.R. nobody has been arrested from the spot and the name of the applicant has surfaced during the course of investigation, however, on the date and time of alleged incident, the applicant was detained in prison in connection with Crime No.414 of 2021 and therefore, there is no possibility of his involvement in the instant crime.

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It is further submitted that the alleged offences against the applicant are triable by magistrate and the applicant is in jail in this case since 27.10.2021 and the criminal history of one case has been adequately explained and there is no apprehension that the accused-applicant after release on bail, may flee from the process of law or may otherwise misuse the liberty.

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Learned A.G.A., however, opposes the prayer for bail on the ground that the applicant is an accused of heinous offence and therefore he is not entitled to be released on bail but could not confront the factual submissions advanced by learned counsel for the applicant.

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Having regard to overall facts and circumstance of the case and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any

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opinion on the merits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is allowed .

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Let the applicant- Gulab Hasan involved in the aforesaid case be released on bail on furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

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(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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(iii) The applicant shall not commit any offence while on bail and if the applicant indulges himself in any offence of the similar nature the trial court shall be at liberty to cancel the order of this Court whereby the facility of bail has been extended to the applicant.

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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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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 25.3.2022 Anupam S/-

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Digitally signed by ANUPAM SINGH PATEL Date: 2022.03.25 15:17:10 IST Reason: Location: High Court of Judicature at Allahabad

Gulab Hasan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Gulab Hasan v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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