Parvez v. State of U.P.
Case brief
What is this about?
Criminal Misc. Bail Application filed by Parvez under Section 439 Cr.P.C. The court allowed bail subject to personal bond, sureties, and conditions to appear in court and not tamper with evidence.
What did the court decide?
Released on bail by furnishing a personal bond and two sureties each in like amounts, subject to appearance and non-tampering conditions.
What the court decided
Neutral Citation No. - 2023:AHC:211204
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43733 of 2023
Applicant :- Parvez Opposite Party :- State of U.P. Counsel for Applicant :- Arun Kumar Vishvakarma Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Sharma, J.
- Learned counsel for the applicant has filed supplementary afÏdavit today in Court, which is taken on record.
- Heard Sri Arun Kumar Vishvakarma, learned counsel for the applicant, learned A.G.A for the State-opposite party and perused the record.
- 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. 674 of 2023, under Sections 3/5 क/8 of the U.P. Prevention of Cow Slaughter Act and Section 3/11 ण of the Animal Cruelty Act, Police Station- Sikandara, District- Agra, during the pendency of trial.
- Counsel for the applicant submitted that the applicant has been falsely implicated in the instant case due to ulterior motive. Learned counsel for the applicant has further submitted that applicant was neither arrested on the spot nor the alleged beef was recovered from the possession of the applicant, his name came into picture during the confessional statement of the co-accused, who were arrested on the spot. The applicant has explained criminal history in para 3 of the supplementary afÏdavit. The applicant is in jail since 08.09.2023 . In case, he is enlarged on bail, he will not misuse the said liberty.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to be enlarged on bail under Section 439 Cr.P.C. given the allegations of false implication and no spot arrest.
Parties & counsel
- applicant
Parvez
- respondent
State of U.P.
Coram
Umesh Chandra Sharma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/43733/2023
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