Allowed

Israr v. State of U.P.

Allahabad HC21 Oct 2022BAIL/44533/2022

Case brief

AI extract

What is this about?

The Court allowed a bail application under Sections 269, 270 IPC and Cow Slaughter Act provisions. Relying on the dictum of the Apex Court, the Court observed that the applicant was not arrested on the spot and nothing was recovered from him, granting bail subject to standard conditions.

What did the court decide?

Released on bail by furnishing a personal bond and two heavy sureties, subject to conditions regarding tampering with evidence and appearance.

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

¶1

Court No. - 49

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44533 of 2022

¶3

Applicant :- Israr Opposite Party :- State of U.P. Counsel for Applicant :- Marjeet Mishra Counsel for Opposite Party :- G.A.

¶4

Hon'ble Nalin Kumar Srivastava,J.

¶5

Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

¶6

It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case; that the applicant was neither present on the spot nor arrested by the police on spot; that nothing has been recovered either from the possession or from the pointing out of the applicant; that the applicant has no criminal history. It is lastly contended that the applicant is languishing in jail since 26.8.2022 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

¶7

On the other hand, learned AGA opposed the prayer for bail.

¶8

In this matter, from perusal of the FIR itself it appears that it is a case of huge recovery of beef but from perusal of the record reveals that the applicant has not arrested from the spot and nothing has been recovered from his possession. The applicant is languishing in jail since 26.8.2022. Grounds for bail are sufficient. Hence, keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties, the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, (2018) 3 SCC 22 , and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶9

Let the applicant Israr involved in Case Crime No. 274 of 2022, under Sections 269, 270, 429 IPC and Section 3/5/8 of Cow Slaughter Act, P.S. Thanabhawan, District- Shamli be released on bail on furnishing a personal bond and two heavy 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.

¶10

The applicant will not tamper with the evidence during the trial.

¶11

The applicant will not pressurize/ intimidate the prosecution witness.

¶12

The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

¶13

The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

¶14

The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

¶15

In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

¶16

Submissions and observations made in this order are only for deciding the bail application. The trial Court while deciding the trial will not be influenced with the same.

¶17

Order Date :- 21.10.2022//Fhd

¶18

Digitally signed by FAHAD NIYAZ Date: 2022.10.21 17:37:52 IST Reason: Location: High Court of Judicature at Allahabad

Israr v. State of U.P.

Case brief

What is this about?

What did the court decide?

Israr v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Vijai Alias Jhinguri Yadav Vs State of U.P. and 3 Others

Smt. Anita Vs State of U.P. and 3 Others

Kauthal Vs State of U.P.

Ajay Kumar Paswan Vs State of U.P.

Heera Lal and Another Vs State of U.P.

Ranno @ Ranu Vs State of U.P.