Allowed

Javed Kuraishi v. State of U.P.

Allahabad HC27 Jan 2023BAIL/1063/2023

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed under Section 439 CrPC. The applicant, charged under the U.P. Prevention of Cow Slaughter Act, was granted bail subject to furnishing a personal bond and two sureties, on conditions to appear in court and not tamper with evidence.

What did the court decide?

Release on bail with personal bond and two sureties, subject to conditions to appear on fixed dates and not tamper with evidence or witnesses.

Javed Kuraishi Vs State of U.P. — Pension and Retirement Benefits | Allahabad HC (2023)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1063 of 2023

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Applicant :- Javed Kuraishi Opposite Party :- State of U.P. Counsel for Applicant :- Ravindra Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Supplementary affidavit filed today is taken on record.

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Heard learned counsel for the applicant and Sri Vikas Sahai, learned AGA for the State-opposite party.

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The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 808 of 2019, under Sections 3, 5 & 8 of U.P. Prevention of Cow Slaughter Act, Police Station- Kotwali Shamli, District- Shamli, during the pendency of trial.

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It is submitted that the applicant has been falsely implicated in the present case. The applicant was not arrested at the spot. False recovery of cow meat was shown from the house of the applicant. There is no independent witness to the recovery. The criminal history of the applicant has been explained in para no. 2 of the supplementary affidavit. The applicant is in jail since 28.11.2022. In case, he is enlarged on bail, he will not misuse the said liberty.

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Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant- Javed Kuraishi , involved in the aforesaid case crime 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 subject to the conditions that he:

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(i) shall appear on the date fixed by the trial court;

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(ii) shall not tamper with the prosecution evidence;

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(iii) shall not pressurize the prosecution witnesses.

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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 :- 27.1.2023 Sachin Mishra

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Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad

Javed Kuraishi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Javed Kuraishi v. State of U.P.

Case brief

What is this about?

What did the court decide?

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