Kale@ Rizwan@ Kalua Kuraishi v. State of U.P
Case at a glance
Outcome
Bail granted
The bail application is allowed
Provisions considered
Judgment
Heard learned counsel for the applicant, Sri Manoj Kumar Dwivedi, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 65 of 2022, under Section 3/5/8 of U.P. Prevention of Cow Slaughter Act, P.S. Chattari, District Bulandshahar, during pendency of the trial. It is argued by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case due to enmity; as per F.I.R., one cow, two knives and plastic rope have been recovered from the spot; the applicant was not arrested from the spot. No incriminating article has been recovered from the possession of the applicant; there is no independent or public witness of the alleged recovery which is planted. It is submitted that no offence under U.P. Prevention of Cow Slaughter Act, 1955 has been committed by him warranting punishment under the aforesaid Act.
It has further been submitted that co-accused, namely, Zakir @ Bona, who has been arrested from the spot, has been granted bail by co- ordinate Bench of this Court vide order dated 12.05.2022 passed in Crl. Misc. Bail Application No.16827 of 2022. Criminal history of the applicant has been explained in para-8 and 11 of the affidavit. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 14.06.2022 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial. Learned A.G.A. has opposed the bail prayer of the applicant. 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 and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs.
Operative part
C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. Let the applicant, Kale@ Rizwan@ Kalua Kuraishi, who is involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
The applicant shall cooperate in the trial sincerely without seeking any adjournment.
The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 21.9.2022 Meenu Reason: Location: High Court of Judicature at Allahabad
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The bail application is allowed
Which statutory provisions did this judgment involve?
U.P. Prevention of Cow Slaughter Act — ss. 3, 5, 8; U.P. Prevention of Cow Slaughter Act, 1955.
Which court decided this case, and when?
Allahabad High Court, on 21 Sep 2022. The bench was DEEPAK VERMA.
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.