Allowed

Nawab Noor v. State of U.P.

Allahabad HC8 Feb 2023BAIL/6199/2023

Case brief

AI extract

What is this about?

This is a bail application by Nawab Noor in a cow slaughter case. The high court allowed bail after recording arguments, noting no prohibited meat was recovered and relying on counsel’s submissions that prosecution evidence does not connect the applicant to the offence.

What did the court decide?

Applicant released on bail with personal bond and two sureties on conditions not to tamper with evidence or influence witnesses.

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

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6199 of 2023 Applicant :- Nawab Noor Opposite Party :- State of U.P. Counsel for Applicant :- Shujauddin,Mohd. Shaafi Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 207 of 2022 at Police Station- Patwai, District- Rampur under Sections 3/5/8 Cow Slaughter Act. The applicant is in jail since 15.12.2022.

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The bail application of the applicant was rejected by the learned trial court on 17.01.2023.

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The following arguments made by Shri Shujauddin and Mohd. Shaffi, learned counsels on behalf of the applicant, which could not be satisfactorily refuted by Shri Paritosh Kumar Malviya, learned AGA-I from the record, entitle the applicant for grant of bail:

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(1). No prohibited cow meat has been recovered from the applicant.

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(2). The applicant was named in a statement of co-accused before the police authorities.

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The said statement insofar as it implicates the applicant is not admissible.

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(3). There is no independent witness to the recovery.

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(4). Recovered articles cannot be linked with the crime.

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(5). Prosecution evidence does not connect the applicant with the offence.

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(6). The applicant has explained his criminal history. It is also contended that the applicant belongs to the economically poor strata of the society and is a convenient scapegoat for the police authorities. The applicant has been falsely nominated in a number of cases only to show the proficiency of the police investigators. The said criminal cases do not depict commission of any heinous crime and do not have any bearing on the instant bail application. The applicant has never misused the liberty of bail granted in the said cases.

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(7). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court

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proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Nawab Noor, be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence or influence any witness during the trial.

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(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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Order Date :- 8.2.2023 Pravin

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Digitally signed by :- PRAVIN VERMA High Court of Judicature at Allahabad

Nawab Noor v. State of U.P.

Case brief

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Nawab Noor v. State of U.P.

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