Allowed

Shami Akhtar v. State of U.P.

Allahabad HC8 Feb 2023BAIL/1462/2023

Case brief

AI extract

What is this about?

The single-judge High Court granted bail to the applicant, a truck cleaner, in a case involving the transportation of dead bulls under IPC and state animal protection statutes. Finding no allegation of slaughter and noting the applicant's lack of criminal history.

What did the court decide?

Released on bail upon furnishing personal bond and two sureties with appearance and non-interference conditions.

Shami Akhtar 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. - 1462 of 2023

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Applicant :- Shami Akhtar Opposite Party :- State of U.P. Counsel for Applicant :- Bhuvnesh Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Bhuvnesh Kumar Singh, learned counsel for the applicant and Sri Tanay Kumar, learned AGA, 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.266 of 2022, under Section 429 IPC and Section 3/5A/8 of U.P.Cow Slaughter Act and Section 11 of Prevention of Animal Cruelly Act, Police Station Rajabpur, District Amroha during pendency of the trial.

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According to the FIR, applicant was arrested at spot while he was sitting in the truck as cleaner and it was found that in the truck 20 bulls were being transported and out of 20 bulls two bulls were found in dead condition.

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Learned counsel for the applicant submits that entire allegation against the applicant is totally false and baseless and admittedly there is no allegation of slaughtering and as per prosecution case applicant was cleaner and in the truck 20 bulls were found in which two bull were found dead. He further submitted that applicant is having no criminal history and he is in jail since 12.11.2022.

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Per contra, learned AGA although opposed the prayer for bail but could not dispute the fact that applicant is neither driver of the truck nor its owner and he was only a cleaner and there is no allegation of slaughtering against him.

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

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It appears from the FIR that when Police intercepted the truck then the Driver of the Truck managed to escape. However, applicant was apprehended who was the cleaner of the Truck and from the truck 20 bulls were recovered and out of 20 bulls, 2 bulls were found dead. It is further alleged that both were kept in the Truck in a very bad condition.

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Admittedly, applicant is only cleaner of the truck and there is no allegation of slaughtering and he is not having any criminal history and he is in jail in the present matter since 12.11.2022, therefore, from the discussions made above, 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- Shami Akhtar 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 :- 8.2.2023 SKM

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

Shami Akhtar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shami Akhtar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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