Allowed

Badri Alam v. State of U.P. and Another

Allahabad HC7 Apr 2023BAIL/10181/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a bail application for an accused charged with cattle slaughter and related offenses. The court observed that no injury was sustained and no beef was recovered from the applicant, granting bail on a personal bond.

What did the court decide?

The applicant was released on bail by furnishing a personal bond and two sureties in the like amount, subject to three specified conditions.

Badri Alam Vs State of U.P. and Another — Public Procurement and Tenders | Allahabad HC (2023)

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Court No. - 88

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10181 of 2023

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Applicant :- Badri Alam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Tabish Yusufi,Chitranshu Srivastav Counsel for Opposite Party :- G.A.,Arun Kumar Tripathi

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Hon'ble Sameer Jain,J.

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Heard Sri Chitranshu Srivastava, learned counsel for the applicant, Sri Arun Kumar Tripathi, learned counsel for the informant and Dr. S.B. Maurya, learned AGA-I for the State.

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The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 308 of 2022, under Sections 147, 148, 336, 307, 504 IPC and 3/5/8 U.P. Prevention of Cow Slaughter Act, 1955, Police Station Dumaria Ganj, District Siddharth Nagar during pendency of the trial.

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FIR of the present case was lodged against 12 persons including applicant and as per allegation informant witnessed that applicant and other co-accused persons were slaughtering the cattle and when he resisted then they made assault upon him through Banka and knife but he did not sustain any injury and accused persons managed to escape and from the spot 15 Kg. Beef was recovered.

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Learned counsel for the applicant submitted that entire allegation made against the applicant is totally false and baseless and applicant neither participated in the incident nor he ever participated in slaughtering of any cattle and admittedly applicant was neither arrested at spot nor any Beef was recovered from his possession. He further submits that applicant is although having criminal history of one case but he has explained the criminal history in paragraph-3 to the supplementary affidavit filed in support of present application and in the present matter he is in jail since 21.12.2022.

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Per contra, learned AGA and learned counsel for the informant opposed the prayer for bail but could not dispute the fact that applicant was neither arrested at spot nor any recovery of Beef was made from his possession nor anyone sustained any injury.

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I have heard learned counsel for the parties and perused the record of the case.

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Considering the fact that in the present matter none sustained any injury and applicant was neither arrested at spot nor any recovery was made from his possession and criminal history of the applicant has been explained in supplementary affidavit, therefore, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant - Badri Alam 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 the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) 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 or any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and antisocial activity.

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

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Order Date :- 7.4.2023 AK Pandey

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Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad

Badri Alam v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Badri Alam v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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