Jumma v. State of U.P.
Case brief
What is this about?
This court allowed the bail application of Jumma under Section 439 Cr.P.C. in a case for cow slaughter, finding him a fit case for bail due to no criminal history and pandemic-related jail overcrowding, subject to standard conditions.
What did the court decide?
The applicant be released on bail by furnishing a personal bond and two sureties subject to specific conditions.
What the court decided
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5131 of 2022
Applicant :- Jumma Opposite Party :- State of U.P. Counsel for Applicant :- Sachchida Nand Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Sri Sachchida Nand Tiwari, learned counsel for the applicant, and Sri Munne Lal, the learned AGA for the State.
This bail application purported to be under Section 439 of the Cr.P.C. has been moved on behalf of applicant- Jumma for enlarging him on bail in Case Crime No.556 of 2021 under Sections 3/5/8 of Cow Slaughter Act, registered at Police Station- Dhaolana, District-Hapur.
The bail application so preferred by the applicant has been rejected by the court below on 21.1.2022.
Learned counsel for the applicant has argued that a first information report has been lodged against the applicant and three others being FIR No. 0556 of 2021 on 23.12.2021 at 14:13 hours under the aforesaid sections. Learned counsel for the applicant has argued that applicant has been falsely implicated in the case in question, as the applicant has not committed any offence. Learned counsel for the applicant has further argued that he is innocent and the recovery so sought to be shown is planted one, as there is no independent witness, who could see the recovery. Learned counsel for the applicant has drawn the attention of this Court towards paragraph-15 of the affidavit, so as to contend that applicant does not have any criminal history and is languishing in jail since 23.12.2021. If the applicant is released on bail, he will not misuse the liberty of bail, he be enlarged on bail.
Issues for consideration
3 issues framed by the court
Whether the applicant is eligible for bail in a case under the Cow Slaughter Act considering his lack of criminal history and jail duration.
Whether jail overcrowding during the pandemic necessitates an expedited decision on the bail application.
Whether the trial court can form its independent opinion despite the bail grant conditions.
Parties & counsel
- applicant
Jumma
Coram
Vikas Budhwar
N.S. Rathour
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/5131/2022
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