Allowed

Kalim v. State of U.P.

Allahabad HC4 Nov 2022BAIL/48038/2022

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application where the applicant sought release in a case involving cow slaughter and animal cruelty charges. The applicant claimed innocence and lack of criminal history. The court granted bail subject to specific conditions involving sureties and conduct.

What did the court decide?

Application allowed; applicant released on bail with personal bond and two sureties under stated conditions.

Kalim Vs State of U.P. — Cheque Dishonour | Allahabad HC (2022)

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Court No. - 58

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48038 of 2022

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Applicant :- Kalim Opposite Party :- State of U.P. Counsel for Applicant :- Abrar Ahmad Siddiqui Counsel for Opposite Party :- G.A.

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Hon'ble Shiv Shanker Prasad,J.

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Heard learned counsel for the applicants, learned AGA for the State and perused the material placed on record.

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By means of the present application, the applicant- Kalim seeks bail in Case Crime No. 223 of 2022, under Sections 3/5A/5B/8 of Cow Slaughter Act, Section 11 Prevention of Animal Cruelty Act and Section 429 I.P.C., Police Station Alinagar , District Chandauli, during the pendency of trial.

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It is submitted by the learned counsel for the applicant that the applicant and the other co-accused person were said to have been arrested showing recovery of 13 live bullocks and four dead bullocks, which were being carried for the purpose of slaughtering. The applicant is absolutely innocent and has been falsely implicated in the present case at the inkling and connivance of local police and interested persons to victimize him. The applicant was not in any such offence as alleged in the FIR and was travelling in the truck as passanger. There is no independent witness to support the prosecution version. No incriminating article have been recovered from the possession of the applicant. The applicant is languishing in jail since 24.06.2022 having no criminal history to his credit and deserves to be released on bail. In case the applicant is released on bail he will not misuse the liberty of bail.

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Per contra learned A.G.A. has opposed the bail prayer of the applicant contending that the applicant is involved in the transportation of bullocks. The innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.

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Keeping in view the nature of the offence, evidence, complicity

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of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits and demerits 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- Kalim involved in the aforesaid 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 with the following conditions that :-

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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. 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 :- 4.11.2022 Abhishek Singh

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Digitally signed by ABHISHEK SINGH Date: 2022.11.09 11:40:49 IST Reason: Location: High Court of Judicature at Allahabad

Kalim v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kalim v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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