Allowed

Aslam Ali v. State of U.P.

Allahabad HC13 Jun 2023BAIL/22136/2023

Case brief

AI extract

What is this about?

In a criminal bail application under the IPC and Animals Acts, the High Court granted bail to the applicant prima facie, relying on the fact that identically placed co-accusals were released on bail previously, without expressing an opinion on the merits of the case.

What did the court decide?

Released on bail on furnishing a personal bond and two sureties subject to conditions regarding tampering with evidence and influencing witnesses.

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

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Neutral Citation No. - 2023:AHC:126328

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22136 of 2023

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Applicant :- Aslam Ali Opposite Party :- State of U.P. Counsel for Applicant :- Hiralal Counsel for Opposite Party :- G.A.

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Hon'ble Mayank Kumar Jain,J.

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Supplementary affidavit filed today is taken on record.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.

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The present bail application has been filed on behalf of applicant in Case Crime No. 80 of 2023, under Sections 465 of IPC and Section 5A/8 of Cow Slaughter Act and Section 11 Gha of Animals Cruelty Act, Police Station Sikrara, District Jaunpur with the prayer to enlarge the applicant on bail.

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The contention as raised at the bar by learned counsel for the applicant is that applicant accused has been falsely implicated in the present case. He further submits that co-accused Golu Yadav and Anand Singh have already been enlarged on bail by this Court vide order dated 30.05.2023 and 31.05.2023 in Criminal Misc. Bail Application No.22135 of 2023 and 23290 of 2023. He further submits that since the role of the applicant is identical to that of the co-accused who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. Applicant has criminal history to his credit which are duly explained in Learned counsel for the applicant lastly submits that the applicant is in jail since 10.04.2023 and that in case applicant is enlarged on bail, the applicant will not misuse the liberty of bail.

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The prayer for bail has been vehemently opposed by learned A.G.A. However, he does not dispute the fact that the similarly placed co-accused has been granted bail by this Court.

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Considering the submissions made by learned counsel for the applicant as well as learned A. G. A. and the fact that identically placed co-accused has already been enlarged on bail, without

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expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.

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The prayer for bail is granted. The application is allowed.

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Let the applicant Aslam Ali in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned subject to the following conditions:

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(1). The applicant will not tamper with the prosecution evidence during the trial.

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(2). The applicant will not influence any witness.

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(3). The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.

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(4). The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.

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Order Date :- 13.6.2023 Mohit

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Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad

Aslam Ali v. State of U.P.

Case brief

What is this about?

What did the court decide?

Aslam Ali v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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