Sakir Ali v. State Of Up
Case at a glance
Provisions considered
Judgment
Applicant :- Sakir Ali Opposite Party :- State Of Up. Counsel for Applicant :- Sachchidanand Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ram Krishna Gautam,J. Heard over bail application moved by the applicant, Sakir Ali, in Case Crime No. 449 of 2021, under Section 3/5A/5B/8 of U.P. Prevention of Cow Slaughter Act, 1955 and Section 11 of the Prevention of Cruelty to Animals Act, 1960 and Section 429 I.P.C. Police Station-Pataherwa, District-Kushinagar. Heard learned counsel for the applicant and learned AGA representing the State. Perused the record. Learned counsel for the applicant argued that the applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 14.10.2021; he is of no criminal antecedent; transportation of cow species by vehicle has been said by the prosecution, neither it was slaughtering nor possession of beef; there is no independent public witness of alleged occurrence; there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case of release on bail; hence bail has been prayed for. Learned AGA has vehemently opposed bail, but could not oppose this fact that the applicant is of no criminal antecedent. Having heard learned counsel for both the parties, gone through the material placed on record and considering the nature of accusations, severity of the punishment in the case of conviction but without commenting on the merits of the case, a case for bail is made out, accordingly allowed. Let the applicant, Sakir Ali, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
The applicant will not tamper with the evidence.
The applicant will not indulge in any criminal activity.
The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
The computer generated copy of such order shall be self attested by counsel of the party concerned.
The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 8.2.2022 Deepak/ KUSHWAHA Reason: Location: High Court of Judicature at Allahabad
Questions this judgment answers
Which statutory provisions did this judgment involve?
Prevention of Cruelty to Animals Act, 1960 — s. 11; Indian Penal Code, 1860 — s. 429.
Which court decided this case, and when?
Allahabad High Court, on 08 Feb 2022. The bench was RAM KRISHNA GAUTAM.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.