Allowed

Aale Hasan v. State of U.P.

Allahabad HC17 Feb 2023BAIL/5931/2023

Case brief

AI extract

What is this about?

This judgment grants bail to Aale Hasan in a case under the Cow Slaughter Act. The court noted the innocence claim, recovery of meat from joint possession, and the co-accused's prior bail release, concluding that continued detention was unnecessary. Bail was allowed subject to a personal bond and two sureties.

What did the court decide?

Allowed release on bail with a personal bond and two sureties, subject to conditions of not tampering with evidence and cooperating in the trial without delay.

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

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Court No. - 47

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5931 of 2023

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Applicant :- Aale Hasan Opposite Party :- State of U.P. Counsel for Applicant :- Satyendra Narayan Singh,Vikas Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vinod Diwakar,J.

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Heard learned counsel for the applicant and learned A.G.A. on behalf of State and perused the record.

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The instant bail application has been filed on behalf of the applicant, with a prayer to release them on bail in Case Crime No. 16 of 2023, under Section 3/5/8 Cow Slaughter Act, Police Station Azeem Nagar, District Rampur, during pendency of trial.

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It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. He further submits 20 K.G. cow meat has been recovered from the joint possession of accused Ameer Ahmad and applicant Aale Hasan. The applicant is in jail since 12.01.2023.

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Per contra, learned A.G.A. opposed opposed the prayer for bail and submitted that the applicant is involved in killing and transporting of meat. Therefore, bail is liable to be rejected at this stage.

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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, it may take some time to conclude the trial. The co-accused has already been enlarged on bail by this court in Criminal Misc. Bail Application No. 4803 of 2023 (Ameer Ahmad Vs. State of U.P.). Hence, therefore, there is no point of keeping the applicant in jail during the pendency of the trial. Hence, the bail application is allowed .

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Observations made by this court while deciding the present bail application are prima facie in nature and shall have no bearing on the trial of the case.

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Let the applicant Aale Hasan be released on bail on his furnishing a personal bond and two sureties each in the like amount to the

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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 trial.

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

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

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Order Date :- 17.2.2023

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A. Farooqui

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Digitally signed by :- AIMAN FAROOQUI High Court of Judicature at Allahabad

Aale Hasan v. State of U.P.

Case brief

What is this about?

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Aale Hasan v. State of U.P.

Case brief

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