Allowed

Sharafat v. State of U.P.

Allahabad HC19 Jan 2023BAIL/53143/2022

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 53143 of 2022, the Allahabad High Court allowed bail for Sharafat under the UP Prevention of Cow Slaughtering Act. Relying on Satendra Kumar Antil, the court found a case made for bail due to neighborly relations, parity with a co-accused, and the applicant's humidity and prior record.

What did the court decide?

Release on bail with a personal bond and two sureties subject to conditions of no interference and cooperation in trial.

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

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53143 of 2022

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Applicant :- Sharafat Opposite Party :- State of U.P. Counsel for Applicant :- Radhey Shyam Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant Sharafat with a prayer to release him on bail in Case Crime No.268 of 2021, under Sections 3/5/8 Uttar Pradesh Prevention of Cow Slaughtering Act, P.S. Jahanganj, District Farrukhabad during pendency of the trial.

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It is alleged in the FIR that from the house of co-accused Naushad, leg and head of the cow and other incriminating articles have been recovered. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Applicant is neighbour of co-accused Naushad. There is no independent witness of the alleged recovery. Learned counsel for the applicant next submitted that co-accused Naushad has been granted bail by the coordinate Bench of this Court in Criminal Misc.Bail Application No.18651 of 2022 vide order dated 20.05.2022. Learned counsel for the applicant next submits that the applicant having better case for getting bail on account of parity. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 25.12.2021 and in case he is enlarged on bail he will not misuse the liberty of bail.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and larger mandate of the Article 21 of the Constitution of India, Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Sharafat, who is involved in the aforesaid case crime, 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 following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 19.1.2023 SKD

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Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad

Sharafat v. State of U.P.

Case brief

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Sharafat v. State of U.P.

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