Allowed

Pravez v. State of U.P. though it Principal Secretary (Home)

Allahabad HC3 Oct 2023BAIL/31304/2023

Case brief

AI extract

What is this about?

The High Court allowed the bail application filed under Section 439 Cr.P.C. by Pravez in a cow slaughter case. Considering the lack of initial FIR naming, absence of FSL report, co-accused bail, and prolonged detention without fear of evidence tampering, the applicant was released on bail with sureties and standard conditions.

What did the court decide?

Applicant released on personal bond and two sureties in like amount subject to conditions of appearing and not tampering with evidence.

Pravez Vs State of U.P. though it Principal Secretary (Home) — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:191995

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31304 of 2023

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Applicant :- Pravez Opposite Party :- State Of U.P. Though It Principal Secretary (Home) Counsel for Applicant :- Atul Kumar,Sushil Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Sharma,J.

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

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The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 104 of 2023 under Sections 3, 5, 8 Prevention of Cow Slaughter Act, 1955 (U.P.) Police Station Kakrauli, DistrictMuzaffar Nagar, during the pendency of the trial.

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Counsel for the applicant contends that the applicant has been falsely implicated in the present case. The applicant is not named in the F.I.R. There is no public witness of the alleged recovery of beef and arrest of the applicant. There is no F.S.L. report to prove the said meat to be beef. It is next contended that the co-accused Smt. Tarannum, Sonu, and Smt. Tabassum, having identical role, have been granted bail by this court in Criminal Misc. Bail Application Nos. 31308 of 2023, 36530 of 2023 and 31309 of 2023 vide orders dated 6.9.2023, 18.9.2023 and 10.8.2023 respectively. The applicant claims parity. The applicant is in jail since 08.06.2023, having no criminal history. In case he is enlarged on bail, he will not misuse the said liberty.

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

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Having regard to the submissions made above and the fact that the applicant has remained confined for more than two months, and after submission of the charge-sheet, there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either temper with the evidence or delay the trial or

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intimidate the witness, and that the co-accused having similar role have been granted bail, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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

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(i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; (iii) shall not pressurize the prosecution witnesses.

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

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Order Date :- 3.10.2023 S.Verma

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

Pravez v. State of U.P. though it Principal Secretary (Home)

Case brief

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Pravez v. State of U.P. though it Principal Secretary (Home)

Case brief

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