Allowed

Raju Kuraishi v. State of U.P.

Allahabad HC4 Dec 2023BAIL/47240/2023

Case brief

AI extract

What is this about?

In a criminal bail application under the UP Prevention of Cow Slaughter Act, this Court allowed the applicant's prayer and released him on bail with personal bond and two sureties, citing parity with a co-accused and lack of evidence against the applicant.

What did the court decide?

Applicant released on bail with personal bond and two sureties in like amount subject to conditions of appearance and non-tampering.

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

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Neutral Citation No. - 2023:AHC:229163

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47240 of 2023

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Applicant :- Raju Kuraishi Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Pati Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Sharma,J.

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Heard learned counsel for the applicant who has filed supplementary affidavit which is taken on record, learned AGA for the State and perused the record.

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The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No.520 of 2023, under Sections 3/5/8 of the UP Prevention of Cow Slaughter Act, Police Station Bhojipura, District Bareilly, during the pendency of trial.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant is not named in the FIR and also he was not arrested on the spot. He further contends no beef or any other case property was recovered from his possession. It is also contended that the coaccused, Firoz having similar role to that of the applicant has already been enlarged on bail by a co-ordinate Bench of this Court vide order dated 03.11.2023 passed in Criminal Misc. Bail Application No.46844 of 2023, therefore, the applicant is also entitled to be enlarged on bail on the ground of parity. He further contends that except the present case, the applicant has also been falsely implicated in seventeen other cases which have been explained in paragraph-1 of the supplementary affidavit. There is no likelihood of his abscondence or tampering with the evidence. He is in jail since 17.09.2023. In case the applicant 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 advanced by the counsel for the applicant, from the record.

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Having regard to the facts, circumstances an the submissions made but without commenting on merits of the case, this Court is of opinion that the applicant is entitled to be enlarged on bail.

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Accordingly, the bail application is allowed.

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Let the applicant - Raju Kuraishi , involved in the aforesaid case be released on bail on his furnishing a personal bond and two 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;

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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 :- 4.12.2023 Shahroz

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Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad

Raju Kuraishi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Raju Kuraishi v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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