Allowed

Suddu @ Mohd Kayum v. State of U.P.

Allahabad HC27 Oct 2023BAIL/45252/2023

Case brief

AI extract

What is this about?

The Court granted bail to the applicant under Section 439 Cr.P.C. holding that there is no independent witness to the alleged recovery of livestock or prohibited meat, the applicant has no criminal antecedents, and there is no reasonable apprehension of tampering with evidence or delaying the trial.

What did the court decide?

The applicant shall be released on bail upon furnishing a personal bond and two heavy sureties, subject to conditions of regular appearance and non-interference with evidence or witnesses.

Suddu @ Mohd Kayum Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:204773

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45252 of 2023

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Applicant :- Suddu @ Mohd Kayum Opposite Party :- State of U.P. Counsel for Applicant :- Kitab Ali,Hare Krishan Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicant and learned AGA for the State-respondent.

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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. 178 of 2023, under Sections 3/5A/5B/8 of Cow Slaughter Act, Section 11 of Prevention of Cruelty to Animal Act, 1960 and Section 4/25 Arms Act, Police Station Syedraja, District Chandauli, during the pendency of trial.

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Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. False recovery of livestock and a sharp edged weapon has been shown from a pick-up vehicle. There is no independent witness to the alleged recovery. No prohibited cow meat was recovered from the alleged vehicle. The applicant is in jail since 27.08.2023 having no criminal history and in case he is enlarged on bail, he will not misuse the said liberty.

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

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Having heard counsel for the parties and having perused the record, this Court prima facie finds that there is no independent witness to the alleged recovery. No prohibited cow meat was recovered from the alleged vehicle. At present there is no substantive evidence against the applicant. The applicant has no criminal antecedents. The applicant has remained confined for almost 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 tamper with the evidence or delay the trial 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.

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Let the applicant Suddu @ Mohd. Kayum involved in the aforesaid case be released on bail on his furnishing a personal

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bond and two heavy 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;

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(ii) shall not tamper with the prosecution evidence; and,

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(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 :- 27.10.2023 Lbm/-

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Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad

Suddu @ Mohd Kayum v. State of U.P.

Case brief

What is this about?

What did the court decide?

Suddu @ Mohd Kayum v. State of U.P.

Case brief

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