Mohd Husain v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47593 of 2023 Applicant :- Mohd Husain Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Kamar Shah Alam Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the applicant, learned AGA and perused the record.

¶2Learned counsel for the applicant argues that the applicant is innocent and has been falsely implicated. The FIR has been lodged against unknown persons. The recovery is not in the presence of any independent witness. The applicant is in custody since

06.10.2023.

¶3Learned AGA has opposed the bail application.

¶4Considering the fact that the applicant is in custody since

06.10.2023 and the recovery is not in the presence of any independent witness, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed.

¶5Let the applicant Mohd Husain be released on bail in FIR No.228 of 2023, under Section 3/5/8 of U.P. Prevention of Cow Slaughter Act, Section 3/11 of Prevention of Cruelty to Animal Act and Section 307 IPC, P.S. Jaithara, District Etah on his furnishing a personal bond with two sureties of Rs.25,000/- 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 :- 7.11.2023 nishant High Court of Judicature at Allahabad