Shahrukh Vs State of U.P.

Court No. - 79

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46257 of 2022

Applicant :- Shahrukh Opposite Party :- State of U.P. Counsel for Applicant :- Ashfaq Ahmed Ansari Counsel for Opposite Party :- G.A.

¶4

Hon'ble Subhash Vidyarthi,J.

¶5

Heard Sri Ashfaq Ahmed Ansari, the learned counsel for the applicant, Sri Amit Kumar Shukla, the learned State Counsel and perused the record.

¶6

The instant application has been filed seeking release of the applicant on bail in Case Crime No. 320 of 2022, under Sections 3/5A/8 of the Uttar Pradesh Prevention of Cow Slaughter Act, 1955, Police Station Simbhawali, District Hapur during pendency of the trial in the Court below.

¶7

The aforesaid case has been registered on the basis of an F.I.R. lodged by a Sub Inspector of Police against four named accused persons, including the applicant, stating that on the basis of information received from a Mukhbir, the Police reached an empty agricultural field and found that four persons had slaughtered a cow progeny and the applicant alongwith one Aamir were arrested from the spot and 140 k.g. flesh was recovered from the spot and the other co-accused persons have ran away.

¶8

In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant's involvement in three other cases has been disclosed in paragraph No. 9 of the affidavit, in all of which, the applicant has already been granted bail.

¶9

The learned counsel for the applicant has submitted that the co-accused Aamir has already been granted bail by means of an order dated 20.12.2022 passed by this Court in Criminal Misc. Bail Application No. 47331 of 2022.

¶10

The applicant is languishing in jail since 22.08.2022.

¶11

Per contra, the learned State Counsel has opposed the prayer for grant of bail.

¶12

Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant and coaccused Aamir were arrested by the Police together and Aamir has already been granted bail in the present case, I am of the view that the applicant is entitled to be released on bail.

¶13

In light of the preceding discussion and without making any observation on the merits of the case, the instant bail application is allowed .

¶14

Let the applicant Shahrukh be released on bail in Case Crime No. 320 of 2022, under Sections 3/5A/8 of the Uttar Pradesh Prevention of Cow Slaughter Act, 1955, Police Station Simbhawali, District Hapur on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-

¶15

(i) The applicant will not tamper with the evidence during the trial.

¶16

(ii) The applicant will not influence any witness.

¶17

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

¶18

(iv) The applicant shall not directly or indirectly make 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 to any police officer or tamper with the evidence.

¶19

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

¶20

Order Date :- 21.12.2022

¶21

Jaswant

¶22

Digitally signed by JASWANT KUMAR Date: 2022.12.22 11:29:14 IST Reason: Location: High Court of Judicature at Allahabad

Shahrukh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shahrukh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Mohd Yaseen@ Raju Vs State of U.P.

Mohammad Salim Vs State of U.P.

Manoj Vs State of U.P.

Shiv Kumar Vs State of U.P.

Rakesh Vs State of U.P.

Sajjan Vs State of U.P. and 3 Others