The High Court allowed bail to Latif Ansari in FIR Nos. 94/2024 and 105/2024. The court found prima facie that no recovery was made in the applicant's presence. Releases are granted subject to a bond and sureties.
Release on bail with personal bond and two sureties of Rs.20,000/- each.
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Neutral Citation No. - 2024:AHC-LKO:36434
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5172 of 2024
Applicant :- Latif Ansari Opposite Party :- State Of Up Thru. Prin. Secy. Home Counsel for Applicant :- Ashok Kumar,Chandra Prakash,Muzammil Asad Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant; Shri Shikhar Srivastava, learned AGA and perused the record.
2. The applicant seeks enlargement on bail in FIR No.94 of 2024, under Section 279, 427, 429 IPC & Section 3/5/8 of U.P. Prevention of Cow Slaughter Act, P.S. Majhgain, District Lakhimpur Kheri.
3. In terms of the FIR, it was alleged that a car bearing no. DL 9 CR 7711 was being driven rashly and negligently and met with an accident with a tractor and the car owners ran away from the spot. It was further stated that in the car, some plastic bags were kept. Subsequently, the applicant was linked through FIR No.105/2024 for alleged commission of an offence under Section 3/25 of Arms Act and subsequently, on the FSL verification of the goods which were intercepted from the car, provisions of U.P. Prevention of Cow Slaughter Act was also invoked against the applicant.
4. Learned counsel for the applicant argues that no recovery was affected in the presence of the applicant or in the presence of any independent witness so as to link the applicant with the offence in question. All the other offences are punishable for a term less than five years.
5. Learned AGA has opposed the bail application.
6. Considering the material including the search, prima-facie , not in the presence of independent witnesses coupled with the fact that the applicant's criminal history is duly explained in Para 11 of the bail application, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed.
7. Let the applicant Latif Ansari be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions:
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and
(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 13.5.2024
nishant
Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant is entitled to bail considering the lack of recovery in his presence and allegations involving offences punishable under sections carrying terms less than five years.
3 provisions across 3 enactments
Latif Ansari
State Of Up Thru. Prin. Secy. Home
Pankaj Bhatia
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
