Sajid @ Kala v. State of U.P.
Case brief
What is this about?
Single judge allowed bail to the applicant in a Cow Slaughter Act case, rejecting reliance on criminal antecedents absent evidence of tampering or witness intimidation.
What did the court decide?
Release on personal bond and two sureties from Crime No. 162 of 2023 under Cow Slaughter Act with standard conditions barring tampering and flight.
What the court decided
Neutral Citation No. - 2023:AHC:177135
Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35506 of 2023
Applicant :- Sajid @ Kala Opposite Party :- State of U.P. Counsel for Applicant :- Sayeed Saif Ullah,Sufia Saba Counsel for Opposite Party :- G.A.
Hon'ble Vikram D. Chauhan,J.
- Learned A.G.A. for the State submits that instructions have been received and has no objection in case the bail application is heard on merits.
- Heard learned A.G.A. for the State and perused the record with the assistance of learned A.G.A.
- It is submitted by learned AGA that in the present case applicant was not apprehended on the spot. From the co-accused, two dead cows have been recovered along with axe and rope. The name of applicant has surfaced in the confessional statement of co-accused. It is further submitted that although applicant has three criminal history, however, the same do not pertains to Cow Slaughter Act. Applicant is languishing in jail since 2.7.2023.
- Learned AGA for the State has pointed out the criminal antecedents of the applicant. No material or circumstance has been brought to the notice of this Court with regard to tampering of evidence or intimidating of witness in previous criminal cases. In Ash Mohammad Vs. Shiv Raj Singh, (2012) 9 SCC 446 , the Apex Court in para 30 has observed:-
Issues for consideration
2 issues framed by the court
Whether the applicant, having criminal antecedents but no material showing tampering of evidence or witness intimidation, is entitled to bail.
Whether criminal history alone constitutes an exceptional circumstance warranting denial of bail.
Parties & counsel
- applicant
Sajid @ Kala
Coram
Vikram D. Chauhan
D. Tamang
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- BAIL/35506/2023
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