Allowed

Samiullah v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC27 Apr 2024BAIL/4411/2024

Case brief

AI extract

What is this about?

In a bail application under the Prevention of Cows Slaughter Act and Prevention of Cruelty to Animals Act, this court granted bail to the applicant. The court found no prima facie material suggesting the applicant would tamper with evidence or flee, thus releasing him on bail with conditions.

What did the court decide?

Released on bail on furnishing a personal bond with two reliable sureties each and complying with specific conditions of attendance and abstinence from delay.

Samiullah vs State of U.P. Thru. Prin. Secy. Home Lko. — Narcotics (NDPS) | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:32966

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4411 of 2024

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Applicant :- Samiullah Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Sudhaker Prakash Counsel for Opposite Party :- G.A.

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Hon'ble Jaspreet Singh,J.

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Heard learned counsel for the applicant and learned AGA for the State-respondent.

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By means of the instant bail application, the applicant seeks bail in respect of FIR/Case Crime No.0114/2024, under Sections 3/5A/5B of Prevention of Cows Slaughter Act and Section 11 of Prevention of Cruelty to Animals Act, Police Station Biswan, District Sitapur.

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The submission of the learned counsel for the applicant is that the applicant has been falsely implicated.

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It is further submitted that as per the version contained in the FIR, it is alleged that the applicant along with another coaccused was apprehended with incriminating material comprising of knives which has allegedly been utilized for the purposes of slaughtering.

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It is alleged that the applicant does not have any criminal history except the present case. It is submitted that the allegations are concocted as there is no public witness and the applicant is alleged to have a criminal history which has been denied in light of the paragraph 2 and 3 of the supplementary affidavit wherein it is stated that insofar as the Case Crime No.0207/2020 is concerned, the applicant is not involved and insofar as the other case is concerned, the applicant has also not been named.

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It is stated that merely because the brother of the applicant has criminal history, the applicant has also been falsely implicated and is languishing in jail since 18.03.2024 and there is no probability that the applicant would influence any witness or tamper with the evidence.

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Learned A.G.A., on the basis of material in the case diary

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available with him, has opposed the prayer for bail, however, could not dispute the aforesaid facts.

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Considering the rival submissions, the facts and circumstances of the case and the material available on record as well as considering the nature of allegations and accusation against the applicant, the severity of the punishment if convicted and the period of incarceration as well as the fact that no apprehension has been expressed by the learned AGA that the applicant is at the risk of fleeing justice or that he would tamper with evidence or influence any witness, hence, at this stage, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail.

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Let the applicant Samiullah involved in FIR/Case Crime No.0114/2024, under Sections 3/5A/5B of Prevention of Cows Slaughter Act and Section 11 of Prevention of Cruelty to Animals Act, Police Station Biswan, District Sitapur be released on bail on his furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the court concerned.

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At the time of executing required sureties the following conditions shall be imposed in the interest of justice.

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court, absence of the applicant is deliberate or without sufficient cause, then it shall

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be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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

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Order Date :- 27.4.2024 Rakesh/-

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Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench

Samiullah v. State of U.P. Thru. Prin. Secy. Home Lko.

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Samiullah v. State of U.P. Thru. Prin. Secy. Home Lko.

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