Allowed

Javed @ Kallu v. State of U.P.

Allahabad HC17 Mar 2023BAIL/10052/2023

Case brief

AI extract

What is this about?

Allahabad High Court granted bail to Javed @ Kallu in a case under Cow Slaughter Act and Arms Act. The court held that the applicant made out a case for bail on account of no criminal history, false implication contended, and no recovery made.

What did the court decide?

Bail granted on personal bond and two sureties subject to standard conditions of not tampering with evidence, influence, or absconding.

Javed @ Kallu Vs State of U.P. — Cheating and Forgery | Allahabad HC (2023)

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Court No. - 59

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10052 of 2023

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Applicant :- Javed @ Kallu Opposite Party :- State of U.P. Counsel for Applicant :- Janardan Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Manish Kumar Nigam,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The present bail application has been filed on behalf of applicant in Case Crime No. 31 of 2023, under Sections 3/5/8 of Cow Slaughter Act and under Section 4/25 Arms Act, Police Station Jahanaganj, District Azamgarh with the prayer to enlarge the applicant on bail.

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It has been contended by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. It is further contended that though the applicant is named in the FIR, but has not been arrested at the spot and the name of the applicant has come in the statement of Shah Alam @ Laila, who was arrested at the spot. It is further contended that no recovery has been made from the possession of the applicant and there is no criminal history of the applicant. It is further submitted that applicant is languishing in jail since 23.01.2023 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Per contra, Sri Suresh Bahadur Singh, learned Additional Government Advocate has opposed the prayer for grant of bail but on instructions he could not deny the fact that the applicant has no criminal history.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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.

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Let the applicant Javed @ Kallu in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned subject to the following conditions:

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

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(2). The applicant will not influence any witness.

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(3). The applicant will appear before the trial Court on the date

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fixed, unless personal presence is exempted.

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(4). The applicant shall not directly or indirectly make any 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 an application before this Court seeking cancellation of the bail.

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Order Date :- 17.3.2023 v.k.updh.

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Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad

Javed @ Kallu v. State of U.P.

Case brief

What is this about?

What did the court decide?

Javed @ Kallu v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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