Allowed

Irshad v. State of U.P.

Allahabad HC2 Feb 2023BAIL/1525/2023

Case brief

AI extract

What is this about?

This judgment concerns the disposal of a Criminal Miscellaneous Bail Application. The court granted bail to the applicant, Irshad, who was accused under the UP Cow Slaughter Act and Prevention of Cruelty to Animal Act. The court note that no evidence was recovered from his possession and his name was disclosed by a co-accused

What did the court decide?

The applicant Irshad released on bail in Crime No. 287 of 2022 on furnishing personal bond and two sureties in the like amount subject to specified conditions.

Irshad 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. - 1525 of 2023

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Applicant :- Irshad Opposite Party :- State of U.P. Counsel for Applicant :- Sonakshi Arora,Waseem Akram Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Ms. Sonakshi Arora, learned counsel for the applicant and Sri Varun Agnihotri, learned Brief Holder for the State-respondent.

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The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 287 of 2022, under Sections 3/5/8, UP Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animal Act, 1960, police station - Dilari, District - Moradabad during pendency of the trial in the court below.

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According to the prosecution case, three accused persons (non applicant) were arrested and from their possession 150 quintals of beef and some other items like Axe and knife etc. were recovered and name of the applicant was disclosed during investigation by co-accused Shakir.

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Learned counsel for the applicant submits that applicant was neither named in the FIR nor was arrested at the spot and his complicity was revealed during investigation while recording the statement of co-accused Shakir, who was arrested alongwith to other accused persons. He further submits that from the possession of applicant neither any beef nor any other items like Axe and knife etc were recovered and he was implicated in the present matter merely on the basis of statement of co-accused Shakir.

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He further submits that applicant is not having any criminal history to his credit and he is in jail in the present matter since 29.11.2922.

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Per contra, learned AGA opposed the prayer for bail but could not dispute the factual arguments advanced by learned counsel for the applicant.

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

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Admittedly, applicant is neither named in the FIR nor any incriminating material was recovered from his possession and it appears that his name was disclosed in the present matter in the statement of co-accused Shakir, who was arrested at the spot alongwith two others and apart from the statement of co-accused, there is no other evidence against applicant on record. Applicant is not having any criminal history to his credit and in the present matter, he is in jail since 29.11.2022, therefore, this Court is of the view that it is a fit case to release the applicant 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- Irshad be released on bail in Case Crime No. 287 of 2022, under Sections 3/5/8, UP Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animal Act, 1960, police station - Dilari, District-Moradabad 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. (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 anti-social 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 :- 2.2.2023 S.K.S.

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Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad

Irshad v. State of U.P.

Case brief

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Irshad v. State of U.P.

Case brief

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