In a bail application under the U.P. Prevention of Cow Slaughter Act, the single judge allowed the release of the applicant on personal bond and sureties after finding that no misuse of liberty was likely.
Release on bail by personal bond and two sureties with conditions against tampering and intimidation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7127 of 2022
Applicant :- Dilsher @ Bhuttu Opposite Party :- State of U.P. Counsel for Applicant :- Shahzad Alam Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that he is innocent and has been falsely implicated in the present case on the basis of confessional statement of co-accused Sakib. He was arrested by the police from the place of occurrence. Nothing was recovered from the possession of applicant. There is no criminal history against the applicant. He is languishing in jail since 25.1.2022 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Dilsher @ Bhuttu involved in Case Crime No. 18 of 2022, under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, P.S. Ahraula, District Azamgarh be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
offence of which he is accused, or suspected of the commission of which he is suspected.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 5.3.2022 A. Singh
Digitally signed by ANURAG SINGH Date: 2022.03.08 11:49:58 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant has made out a case for bail despite being a co-accused implicated by a confessional statement.
Dilsher @ Bhuttu
Subhash Chandra Sharma
Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
