Amir Khan v. State of U.P.
Case brief
What is this about?
The court allowed bail to the applicant prosecuted under the Cow Slaughter Act, noting his lack of criminal record and the adverse impact of jail overcrowding due to COVID-19.
What did the court decide?
Release on bail upon furnishing a personal bond and two sureties subject to specified conditions.
What the court decided
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53461 of 2021
Applicant :- Amir Khan Opposite Party :- State of U.P. Counsel for Applicant :- Prashant Sharma,Pankaj Sharma Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Sri Pankaj Sharma, learned counsel for the applicant, and Sri A.K. Shukla, learned AGA for the State.
This bail application purported to be under Section 439 of the Cr.P.C. has been moved for seeking bail in Case Crime No. 411 of 2021 under Section 3/5/8 Cow Slaughter Act, registered at Police Station- Didauli, District- Amroha.
The bail application of the applicant has been rejected by the court below, on 20.11.2021.
The learned counsel for the applicant has argued that he has been falsely implicated in the said case as he has not committed any offence. He further argued that the recovery of a Knife and cow meat from the possession of the applicant is planted one and there is no eye witness of the said recovery. He further drawn the attention of the court towards paragraph no. 10 so as to contend that the applicant does not possess any criminal history and he is unnecessary languishing in jail since 23.10.2021.
Countering the said submission learned AGA for the State has opposed the bail while arguing that the applicant has committed the said offence that is why his name find place in the FIR, however, he could not dispute the fact the applicant does not possess any criminal history.
Issues for consideration
1 issue framed by the court
Whether bail should be granted to the applicant under Section 439 Cr.P.C. considering his lack of criminal history and the jail overcrowding due to the pandemic.
Parties & counsel
- applicant
Amir Khan
- respondent
State of U.P.
Coram
Vikas Budhwar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · March
- Registered
- Case no.
- BAIL/53461/2021
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