Arif Kuraishi v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48614 of 2023 Applicant :- Arif Kuraishi Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Shahibe Alam Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Supplementary affidavit filed today is taken on record. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶2The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 311 of 2023 under Sections 3/5-A/5-B/8 Prevention of Cow Slaughter Act, 1955 (U.P.) and Section 11 of Prevention of Cruelty to Animals Act, Police Station Gopiganj, District-Bhadohi, during the pendency of the trial.

¶3Counsel for the applicant contends that the applicant has been falsely implicated in the present case. The applicant is the conductor of the alleged vehicle from which the cattle were recovered. The allegedly died calves were not slaughtered and no implement of slaughtering were recovered from his possession. There is no independent witness of the alleged recovery. The applicant is in jail since 28.09.2023, having no criminal history. In case he is enlarged on bail, he will not misuse the said liberty.

¶4Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant-Arif Kuraishi, involved in aforesaid case 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 the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

(iv) shall appear before the concerned S.H.O. on any day of the first week of every month till the further order of the trial Court.

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 28.11.2023 S.Verma High Court of Judicature at Allahabad