Allowed

Nadeem v. State of U.P.

Allahabad HC17 May 2022BAIL/9934/2022

Case brief

AI extract

What is this about?

On behalf of the applicant Nadeem, the court granted bail in a case Crime No. 328 of 2022, under the U.P. Prevention of Cow Slaughter Act and the Prevention of Cruelty to Animals Act, during the pendency of trial. The applicant was released on personal bond and two sureties with specific conditions attached to prevent tampering with evidence or witnesses.

What did the court decide?

The applicant was released on bail on furnishing a personal bond and two sureties with attached conditions.

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

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9934 of 2022

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Applicant :- Nadeem Opposite Party :- State of U.P. Counsel for Applicant :- Richa Tiwari,Bijai Prakash Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Chandra Kumar Rai,J.

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Heard Mr. Bijai Prakash Tiwari, learned counsel for the applicant, Mr. Jai Prakash, learned A.G.A. and perused the record.

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The instant bail application has been filed on behalf of the applicantNadeem with a prayer to release him on bail in Case Crime No.328 of 2022, under Section 3/5A/5 (kha)/8 of the U.P. Prevention of Cow Slaughter Act, 1955, and Section 11 of the Prevention of Cruelty to Animals Act, 1960, Police Station-Utraon, District-Prayagraj, during pendency of trial.

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It is submitted by learned counsel for the applicant that the applicant is not named in the F.I.R. He is innocent and has been falsely implicated in the present case. Neither applicant has been arrested on the spot, nor any incriminating article has been recovered from the vehicle in question or from the applicant. He has not committed the present offence. It is further submitted that there is no independent witness of the the recovery. Applicant has no criminal history and he is languishing in jail since 10.01.2022.

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Lastly it is submitted by the learned counsel for applicant that the applicant shall not abscond, and will fully 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. opposed the prayer for bail but could not dispute the aforesaid fact.

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In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and learned A.G.A., and without expressing any opinion on the merits of the case, the applicant is entitled to be released on bail.

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Let the applicant-Nadeem involved in the aforesaid case 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;

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The applicant will not tamper with the evidence during the trial.

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The applicant will not influence any witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The applicant shall not directly or indirectly make any inducement,

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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 conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 17.5.2022 PS

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Digitally signed by PRITI SHARMA Date: 2022.05.17 13:43:41 IST Reason: Location: High Court of Judicature at Allahabad

Nadeem v. State of U.P.

Case brief

What is this about?

What did the court decide?

Nadeem v. State of U.P.

Case brief

What is this about?

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