Naushad v. State of U.P.
Case brief
What is this about?
The High Court allowed the bail application of Naushad in a cow slaughter case, noting false implication and evidentiary flaws, ordering release on bond with sureties.
What did the court decide?
Release on personal bond and two sureties subject to appearing in court, not tampering with evidence, and not pressurizing witnesses.
What the court decided
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54578 of 2022
Applicant :- Naushad Opposite Party :- State of U.P. Counsel for Applicant :- Mohd Shamim Khan,Deepak Singh Patel,Mohd. Shabbir Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant and Sri Roopak Chaubey, 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. 132 of 2022, under Sections 3/5/8 of the Prevention of Cow Slaughter Act, Police Station Itwa, District Siddharthnagar during the pendency of the trial.
It is contended that the applicant has been falsely implicated in the instant case. The applicant was not named in the first information report. Except the confessional statement of the applicant in the policy custody, there is no evidence against him. False recovery of a knife has been shown from the applicant. There is no independent witness to the alleged recovery. The Indian currency recovered from the applicant belongs to him. The criminal history of the applicant has been explained in Paragraph-19 of the affidavit. The applicant is in jail since 18.08.2022 and if he is released on bail, he will not misuse the said liberty.
Issues for consideration
1 issue framed by the court
Whether the applicant, falsely implicated with false evidence and recovery, is entitled to bail under Section 439 Cr.P.C.
Parties & counsel
- applicant
Naushad
Coram
Vivek Varma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- BAIL/54578/2022
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