Allowed

Jasim v. State of U.P.

Allahabad HC1 Feb 2023BAIL/1205/2023

Case brief

AI extract

What is this about?

The Hon'ble Court allowed a bail application filed by Jasim in a case involving Cow Slaughter Act and Prevention of Cruelty to Animal Act. The court found arguments regarding lack of eyewitnesses to be probable and noted the applicant had no criminal history.

What did the court decide?

Applicant Jasim released on bail on furnishing a personal bond and two sureties, subject to conditions of appearance and non-interference.

Jasim Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Court No. - 84

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1205 of 2023

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Applicant :- Jasim Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Sharma,Prashant Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Prashant Sharma, learned counsel for the applicant and Dr. S.B.Maurya, learned AGA-I, for the State.

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The instant bail application has been moved on behalf of the applicant with the prayer to release him on bail in Case Crime No.405 of 2022, under Section 3/5/8 Cow Slaughter Act and Section 11 Prevention of Cruelty to Animal Act, Police Station Amroha Dehat, District Amroha during pendency of the trial.

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According to the FIR, applicant was apprehended by the public while he was slaughtering a cow and from the spot number of items were recovered including beef and knife etc.

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Learned counsel for the applicant submitted that the entire allegations made against the applicant are totally false and baseless and applicant never committed any slaughtering. He further submitted that according to the FIR applicant was apprehended by public from graveyard and from the graveyard number of incriminating materials were recovered including beef but applicant has no concern with the materials which were alleged to have been recovered.

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He next submitted that applicant had gone to the Graveyard and suddenly some people arrived their and under suspicion they apprehended him and admittedly there is no eye witness account on the basis of which it could be inferred that applicant at the time of arrest by public was doing slaughtering. He further submitted that applicant is in jail in the present matter

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since 19.11.2022.

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Per contra, learned AGA opposed the prayer for bail and submitted that applicant was apprehended at spot by public and from the spot not only beef but number of other items were also recovered including the instrument like knife and, therefore, considering the nature of offence and incarceration of applicant, the instant bail application is liable to be dismissed.

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

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From the perusal of the record it appears that applicant was apprehended at spot and from the spot one slaughtered cow was also recovered including its beef and knife etc but from the perusal of the FIR it appears that nobody witnessed the applicant in committing the slaughtering and arguments advanced by learned counsel for the applicant appears to be probable.

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Applicant is not having any criminal history and all the offences are triable by Magistrate First Class and, therefore, in my view, applicant is entitled to be released on bail.

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In the light of discussions made above, without expressing any opinion on the merits of the case, the instant bail application is allowed.

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Let the applicant- Jasim 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

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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 :- 1.2.2023 SKM

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

Jasim v. State of U.P.

Case brief

What is this about?

What did the court decide?

Jasim v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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