Zuber v. State of U.P.
Case brief
What is this about?
The Allahabad High Court dismissed the conviction case against Zuber by releasing him on bail in a cow slaughter and animal cruelty case. The court imposed strict conditions, including bond, sureties, and a deposit with Gau Sewa Aayog.
What did the court decide?
Release on bail with personal bond, two sureties, and unconditional deposit of Rs. 5,000 before Gau Sewa Aayog within one month.
What the court decided
Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48619 of 2022
Applicant :- Zuber Opposite Party :- State of U.P. Counsel for Applicant :- Shahroze Khan Counsel for Opposite Party :- G.A.
Hon'ble Piyush Agrawal,J.
The present bail application has been filed by the applicant seeking bail in Case Crime No.175 of 2022, under section 429 IPC and Sections 3/5/8 of the Uttar Pradesh Prevention of Cow Slaughter Act, 1955 and Section 11 of the Prevention of Cruelty to Animal Act, 1960, Police Station- Dumariaganj, District - Siddharth Nagar.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present crime. It is further submitted that the applicant has been implicated by the Police by showing false recovery of knife. Nothing has been recovered from the possession of the applicant or his pointing out. No prohibited beef has been recovered from the applicant. There is no independent witness to the said recovery. Prosecution evidence does not connect the applicant with the alleged offence. It is also submitted that there is no apprehension that after being released on bail, he may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 18.8.2022 and the possibility of conclusion of trial in near future is very bleak.
On instructions, it has been further submitted by the learned counsel for the applicant that applicant is ready to deposit a requisite amount, as may be assessed by this Court with the Gau Sewa Aayog.
Issues for consideration
3 issues framed by the court
Whether the applicant is eligible for bail in a case alleging cow slaughter and animal cruelty where the applicant claims false implication.
Whether conditions including personal bond, sureties, and deposit with Gau Sewa Aayog are appropriate for granting bail.
What procedural conditions are necessary to prevent the abuse of bail liberty during the trial.
Parties & counsel
- applicant
Zuber
Coram
Piyush Agrawal
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/48619/2022
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