Allowed

Azam v. State of U.P.

Allahabad HC5 Apr 2022BAIL/6333/2022

Case brief

AI extract

What is this about?

The court allowed the bail application of Azam in a case under the Cow Slaughter (Prevention) Act and Arms Act, holding that the applicant was falsely implicated and having no prior criminal history, has merit to be released on bail subject to standard conditions.

What did the court decide?

Applicant released on bail on furnishing a personal bond and two sureties subject to conditions regarding evidence, witnesses, and appearance.

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

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6333 of 2022

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Applicant :- Azam Opposite Party :- State of U.P. Counsel for Applicant :- Vipul Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.06 of 2022 at Police Station-Jiyanpur, DistrictAzamgarh under Sections 3/5/8 of the Cow Slaughter (Prevention) Act and Sections 4/25 of the Arms Act. The applicant is in jail since 05.01.2022.

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The bail application of the applicant was rejected by learned Sessions Judge, Azamgarh on 17.01.2022.

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Shri Manav Nand Chaurasiya, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. No cow meat was recovered from the applicant. Cow meat was planted in the house of the applicant in his absence. Under the threat of the police authorities the wife of the applicant made a statement before the police authorities linking him with the aforesaid meat. The said statement was extracted by coercion and made under duress. Prosecution evidence does not connect the applicant with the offence.

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Learned counsel for the applicant contends that the applicant does not have any criminal history apart from the instant case. Lastly it is contended by the learned counsel for applicant that the applicant shall not abscond and will cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.

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Learned A.G.A could not satisfactorily dispute the aforesaid submissions from the record. He, however, does not dispute the fact that the applicant does not have any criminal history apart from this case.

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I see merit in the submissions of the learned counsel for the applicant and hold that the applicant is entitled to be enlarged on bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant-Azam be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness. (iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 5.4.2022 Ashish Tripathi

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Digitally signed by ASHISH NAYAN TRIPATHI Date: 2022.04.06 10:42:44 IST Reason: Location: High Court of Judicature at Allahabad

Azam v. State of U.P.

Case brief

What is this about?

What did the court decide?

Azam v. State of U.P.

Case brief

What is this about?

What did the court decide?

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