Allowed

Mohammad Taufeeq @ Maunu v. State of U.P.

Allahabad HC22 Jun 2023BAIL/19640/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a criminal bail application filed under the Cow Slaughter Act. The court found that a case for bail was made out despite the prosecution submitting evidence of a recovered knife, granting bail on the condition of personal bond, two sureties, and adherence to trial attendance.

What did the court decide?

Enlargement on bail by executing a personal bond and two sureties, subject to conditions for trial cooperation and attendance.

Mohammad Taufeeq @ Maunu Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:127913

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Court No. - 50

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19640 of 2023

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Applicant :- Mohammad Taufeeq @ Maunu Opposite Party :- State of U.P. Counsel for Applicant :- Haya Rizvi Counsel for Opposite Party :- G.A.

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Hon'ble Syed Aftab Husain Rizvi,J.

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Heard the learned counsel for applicant, the learned AGA for State and perused the record.

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The present bail application has been filed by the applicant to enlarge him on bail in case crime no.32 of 2023 under Sections 3/5/8 Cow Slaughter Act, P.S. Kotwali Nagar, District- Aligarh.

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It is contended by the learned counsel for applicant that applicant is innocent and has been falsely implicated. The F.I.R. of this case has been lodged against unknown person. Thereafter, the police falsely implicated the applicant-accused and arrested him on 26.06.2023 and planted false recovery of knife. The name of the applicant came in light in the statement of co-accused, namely, Babu, there is no public witness. The applicant was not involved in any slaughtering. It is also contended that the applicant has criminal history of six cases which have been explained in the supplementary affidavit of the bail application. Lastly, it is contended that applicant is in jail since 26.02.2023 and he undertakes that he will not misuse the liberty of bail. It is further submitted that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses.

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Learned AGA has opposed the prayer for bail and submitted that although applicant is not named in the F.I.R. but his complicity has been come in light during investigation and one knife has been recovered from his possession. Hence, the applicant is not entitled to be enlarged on bail.

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Considering the rival submissions of the parties, the nature and gravity of the offence, the severity of punishment, the evidence & other material available on record and all other attending facts and

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circumstances of the case, in view of this Court, a case for bail is made out.

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Accordingly, the bail application is allowed .

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Let the applicant- Mohammad Taufeeq @ Maunu involved in the aforesaid case, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

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This bail order would be subject to the fulfillment of following conditions:-

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.

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The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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Order Date :- 22.6.2023 SP/-

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Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad

Mohammad Taufeeq @ Maunu v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mohammad Taufeeq @ Maunu v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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