Allowed

Akbar v. State of U.P.

Allahabad HC22 Nov 2022BAIL/52606/2022

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application filed by Akbar in case involving offences under IPC and Cow Slaughter Act regarding incitement of religious sentiments. Court allowed bail based on prior bail grants to co-accused and parity principle, subject to strict conditions.

What did the court decide?

Applicant released on bail upon furnishing personal bond and two sureties conditioned against tampering with evidence, delaying trial, or committing further crimes.

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

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52606 of 2022

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Applicant :- Akbar Opposite Party :- State of U.P. Counsel for Applicant :- Vinod Kumar Yadav 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 applicant and learned A.G.A. for the State.

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By means of the present application, the applicant- Akbar seeks bail in Case Crime No. 188 of 2022, under Sections 153, 153A, 295, 295A IPC and Section 3/5/8 of Cow Slaughter Act, P.S. Talgram, District Kannauj, during the pendency of trial.

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Brief facts of the case are that F.I.R. of the instant case has been registered by a Sub-Inspector of Police, alleging therein that some unknown miscreant had put the black colored remains of some animal in the Shiva temple and such work has been done to incite religious sentiments.

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The learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that applicant was not named in the F.I.R. and he has not done any such act which hurt the religious sentiments. The alleged offences are triable by the Magistrate. It is also submitted that co-accused persons namely, Iliyaas and Aasif have already been enlarged on bail by coordinate Benches of this Court vide orders dated 8.9.2022 and 15.9.2022 passed in Criminal Misc. Bail Application Nos. 35858 of 2022 and 35222 of 2022, respectively. The case set up against the applicant is similar to the case set up against other co-accused persons, who have already been enlarged on bail, therefore, the applicant is also entitled to be enlarged on bail on parity basis. It is next submitted that the applicant is languishing in jail since 17.7.2022 without any previous criminal history. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Per contra, the learned A.G.A. has opposed the prayer for grant of bail but he could not dispute that the aforesaid facts.

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Having considered the aforesaid facts and submissions and keeping in view the fact that the FIR has been lodged against unknown persons; that several other co-accused persons have already been granted bail and that the applicant is languishing

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in jail since 17.7.2022, I am of the view that the applicant is entitled to be released on bail pending conclusion of the trial. The bail application is accordingly allowed.

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Let the applicant- Akbar 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 :- 22.11.2022 Abhishek Singh

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Digitally signed by ABHISHEK SINGH Date: 2022.11.23 10:23:56 IST Reason: Location: High Court of Judicature at Allahabad

Akbar v. State of U.P.

Case brief

What is this about?

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Akbar v. State of U.P.

Case brief

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