Nazim v. State of U.P.
Case brief
What is this about?
In Criminal Misc. Bail Application No. 57341 of 2022, the Court granted bail to Nazim, accused under the Cow Slaughter Act, after finding the applicant falsely implicated and meritorious for release subject to standard conditions.
What did the court decide?
applicant released on bail with personal bond and two sureties, subject to appearing in trial, not tampering evidence, or pressurizing witnesses.
What the court decided
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57341 of 2022
Applicant :- Nazim Opposite Party :- State of U.P. Counsel for Applicant :- Hasan Parvej Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and Sri Vikas Sahai, learned AGA for the State-opposite party.
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. 505 of 2022, under Sections 3/5/8 of Cow Slaughter Act, Police Station- Faridpur, District- Bareilly during the pendency of trial.
It is submitted that the applicant has been falsely implicated in the instant case. No recovery of cow meat was made from the applicant. The applicant was not arrested at the spot. The name of the applicant was disclosed by co-accused, Saba @ Babli, who was arrested at the spot. It is next contended that the coaccused, Saba @ Babli, has been granted bail by this Court in Criminal Misc. Bail Application No. 56733 of 2022 vide order dated 19.12.2022. The applicant has no criminal history to his credit. The applicant is in jail since 13.10.2022. In case, he is enlarged on bail, he will not misuse the said liberty.
Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to enlargement on bail under Section 439 Cr.P.C.
Parties & counsel
- applicant
Nazim
Coram
Vivek Varma
Aditya Kushwaha
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- BAIL/57341/2022
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