Allowed

Maikoo Mansuri v. State of U.P.

Allahabad HC28 Oct 2023BAIL/44163/2023

Case brief

AI extract

What is this about?

Hon'ble Krishan Pahal, J. allowed the bail application of Maikoo Mansuri in a case under the Prevention of Cow Slaughter Act. The court held the applicant had made out a case for bail without expressing an opinion on merit. Bail granted on personal bond and two heavy sureties with standard conditions.

What did the court decide?

Released on bail by furnishing a personal bond and two heavy sureties each in like amount subject to standard conditions.

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

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Neutral Citation No. - 2023:AHC:206340

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Court No. - 72

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44163 of 2023

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Applicant :- Maikoo Mansuri Opposite Party :- State of U.P. Counsel for Applicant :- Hardev Prajapati Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Heard Sri Hardev Prajapati, learned counsel for the applicant and Sri Jitendra Kumar Mishra, learned A.G.A. for the State and perused the record.

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Applicant seeks bail in Case Crime No. 213 of 2023, under Sections 3/5/8 of Prevention of Cow Slaughter Act, Police StationPatiyali, District- Kasganj, during the pendency of trial.

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As per prosecution story, co-accused person Basharuddin was arrested by police along with 12 Kg beef on 25.07.2023.

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Learned counsel for the applicant has stated that the applicant has nothing to do with the said offence and he is not named in the FIR. His name has come up in the confessional statement of the arrested co-accused person Basharuddin which is not admissible in law. There is no criminal history of the applicant. The applicant is languishing in jail since 28.08.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Per contra, learned A.G.A. and learned counsel for the informant have has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial and considering the complicity of accused, severity of punishment, at this stage, without expressing any opinion on the merits of the case, the Court is of the view that the

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applicant has made out a case for bail. The bail application is allowed .

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Let the applicant- Maikoo Mansuri involved in aforementioned case crime number be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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i. The applicant will not tamper with the evidence during the trial.

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ii. The applicant will not pressurize/ intimidate the prosecution witness.

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iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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iv. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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v. 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 or to any police officer or tamper with the evidence.

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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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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion on the testimony of the witnesses.

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Order Date :- 28.10.2023 Mohini

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(Krishan Pahal, J.)

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Digitally signed by :- MOHINI RAI High Court of Judicature at Allahabad

Maikoo Mansuri v. State of U.P.

Case brief

What is this about?

What did the court decide?

Maikoo Mansuri v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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