Allowed

Khursheed Alam v. State of U.P.

Allahabad HC26 Sept 2023BAIL/23300/2022

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a second bail application filed under Section 439 Cr.P.C. The applicant, detained for over two years in a cow slaughter case, argued inordinate trial delay. The Court granted bail due to the delay and lack of case merit, imposing standard conditions.

What did the court decide?

Released on bail by furnishing a personal bond and two heavy sureties subject to conditions of appearance and non-interference with witnesses.

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

¶1

Neutral Citation No. - 2023:AHC:186856

¶2

Court No. - 74

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23300 of 2022

¶4

Applicant :- Khursheed Alam Opposite Party :- State of U.P. Counsel for Applicant :- Subhash Gosain,B.N.Singh,Gaurav Singh Tomar,Manish Kumar Singh,Shamshuddin Khan (S U Khan) Counsel for Opposite Party :- G.A.

¶5

Hon'ble Vivek Varma,J.

¶6

This is the second bail application.

¶7

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

¶8

The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 08 of 2019, under Sections 3/5/8 of the U.P. Prevention of Cow Slaughter Act, 1955, Police Station- Kalpi, District- Jalaun, during the pendency of trial.

¶9

Counsel for the applicant contends that the applicant belongs to the downtrodden section of the society and works as a labour, and has a wife, four daughters and three sons to look after. The applicant had cooperated with the police investigation and had joined the trial. The applicant never influenced any witness nor did he tamper with the evidence. The trial is moving at a snail's pace and is not likely to conclude early. The applicant is not responsible for the delay in the trial. Inordinate delay in concluding the trial has led to virtually and indefinite imprisonment of the applicant without there being any credible evidence to implicate him in the offence and violates the rights of the applicant to a speedy trial. The criminal history of the applicant has been explained in para nos. 16 to 34 of the bail application. The applicant is in jail since 12.07.2021. In case, he is enlarged on bail, he will not misuse the said liberty.

¶10

Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶11

Considering the fact that the applicant has remained confined for more than two years and there is inordinate delay in trial. Further, there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the

¶12

State that the applicant, if enlarged on bail, would either tamper with the evidence or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶13

Let the applicant Khursheed Alam, involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:

¶14

(i) shall appear on the date fixed by the trial court;

¶15

(ii) shall not tamper with the prosecution evidence;

¶16

(iii) shall not pressurize the prosecution witnesses.

¶17

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

¶18

Order Date :- 26.9.2023 Sachin Mishra

¶19

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

Khursheed Alam v. State of U.P.

Case brief

What is this about?

What did the court decide?

Khursheed Alam v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Pannelal Yadav Vs State of U.P.

Tasleem Vs State of U.P.

Govinda Vs State of U.P. and 3 Others

Ajeet Thakur Vs State of U.P.

Tejpal Vs State of U.P.

Jalaludeen @ Jalaloo Driver Vs State of U.P. and Another