Allowed

Parvez Beg v. State of U.P. Thru. Pirn. Secy. Home Lko.

Allahabad HC3 Nov 2023/1522/2023

Case brief

AI extract

What is this about?

Single judge allowed bail to the applicant Parvez Beg in a case under the U.P. Prevention of Cow Slaughter Act. The court noted the applicant had been in custody for over a year without witness examination. Bail was granted subject to conditions.

What did the court decide?

Release of the applicant on bail on furnishing a personal bond and two sureties, subject to standard conditions.

Parvez Beg Vs State of U.P. Thru. Pirn. Secy. Home Lko. — Bail and Remand | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC-LKO:72615

¶2

Court No. - 16

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1522 of 2023

¶4

Applicant :- Parvez Beg Opposite Party :- State Of U.P. Thru. Pirn. Secy. Home Lko. Counsel for Applicant :- Rakesh Kumar Singh,Anil Kumar Tiwari,Karm Veer Yadav

¶5

Counsel for Opposite Party :- G.A.

¶6

Hon'ble Subhash Vidyarthi,J.

¶7

Heard Sri Anil Kumar Tiwari, learned counsel for the applicant, Sri Rakesh Kumar Singh, learned A.G.A. for the State and perused the records.

¶8

The instant application has been filed seeking release of the applicant on bail in Case Crime No. 433 of 2022, under Sections 3/5A/8 of U.P. Prevention of Cow Slaughter Act, registered at Police Station Kotwali Bikapur, District Faizabad.

¶9

The aforesaid case has been registered on the basis of an F.I.R. lodged on 23.10.2022 by a Sub Inspector of Police alleging that the applicant was arrested on the basis of an information received from a mukhbir and 10 kilograms flesh of cow progenies was recovered from him. It is alleged that the applicant stated that some other person supplies him the flesh and he would sell it on his own.

¶10

In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. The applicant is languishing in jail since 24.10.2022. The learned counsel for the applicant has submitted that merely charges have been framed by the learned trial court and the trial has not proceeded any further.

¶11

The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶12

Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is languishing in jail for more than one year without examination of any witness and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

¶13

Accordingly, this bail application stands allowed .

¶14

Let the applicant-Parvez Beg be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

¶15

(i) the applicant shall not tamper with the prosecution evidence;

¶16

(ii) the applicant shall not pressurize the prosecution witnesses;

¶17

(iii) the applicant shall appear on each and every date fixed by the trial court.

¶18

(Subhash Vidyarthi, J.)

¶19

Order Date :- 3.11.2023 Ram.

¶20

Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench

Parvez Beg v. State of U.P. Thru. Pirn. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

Parvez Beg v. State of U.P. Thru. Pirn. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Kamal @ Lambu Vs State of U.P. Thru. Secy. Home Lko.

Smt. Sunita Devi Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Purnesh Kumar @ Anuj Vs State U.P. Thru.Prin.Secy. Home Lko. 3 Others

Vishwanath Prasad Nishad Vs State of U.P. Thru. Prin. Secy. Home Lko.

Krishna Dev Vs State of U. P. Thru. Prin. Secy. Home Lko.

Sadhu and Another Vs State of U. P. Thru. Prin. Secy. Home Lko.