Faheem v. State of U.P.
Case brief
What is this about?
The court allowed bail to the applicant in a case under the Cow Slaughter Act for alleged identification delay and lack of independent witness to recovery. The identical co-accused had already been granted bail.
What did the court decide?
Released on bail on furnishing personal bond and two sureties each with conditions to appear in court and not tamper with evidence or intimidate witnesses.
What the court decided
Neutral Citation No. - 2023:AHC:208840
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46113 of 2023
Applicant :- Faheem Opposite Party :- State of U.P. Counsel for Applicant :- Navin Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
- Heard counsel for the applicant and learned A.G.A. for the State-opposite party.
- 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. 167 of 2023 under Sections 3/5/8 of Cow Slaughter Act, Police Station- Navabad, District- Jhansi, during the pendency of the trial.
- Counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The incident is alleged to have occurred on 20.04.2023. The F.I.R. was lodged on 27.04.2023. The inordinate delay in lodging the F.I.R. is fatal to the prosecution case. The applicant was not identified on the basis of CCTV footage. The alleged recovery is false and planted. There is no independent witness to the alleged recovery.It is next contended that the identically placed co-accused, Lalu @ Asif Qureshi, has been granted bail by this Court in Criminal Misc. Bail Application No. 40383 of 2023 vide order dated 10.10.2023. The applicant claims parity. The criminal history of the applicant has been explained in para no. 11 of the bail application. The applicant is in jail since 24.06.2023. In case he is enlarged on bail, he will not misuse the said liberty.
Issues for consideration
3 issues framed by the court
Whether the applicant is entitled to bail in case of alleged cow slaughter under delay in FIR and lack of independent witness.
Whether parity bond and grant of bail to co-accused entitles the applicant to liberty.
Whether the applicant would tamper with evidence if released on bail.
Parties & counsel
- applicant
Faheem
- respondent
State of U.P.
Coram
Vivek Varma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/46113/2023
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