Mohmmad Zaheer vs State Of U.P.
2015 Latest Caselaw 4609 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 17
 

 
Case :- BAIL No. - 10736 of 2015
 

 
Applicant :- Mohmmad Zaheer
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Ram Kushal Tiwari
 
Counsel for Opposite Party :- Govt.Advocate
 

 
Hon'ble Bala Krishna Narayana,J.

Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.

By means of this application, the applicant who is involved in Case Crime No. 181 of 2015, under section 2/3 U.P. Gangster Act, P.S. Kurwar, district-Sultanpur, is seeking enlargement on bail during the trial.

Learned counsel for the applicant submitted that the applicant has been granted bail in the only case shown against him in the gang chart (annexure-2 to the affidavit accompanying this bail application), namely Case Crime no. 50 of 2015, under Section 3/5/8 The U.P. Prevention of Cow Slaughter Act and section 11 Prevention of Cruelty to Animals Act, P.S. Kurwar, district-Sultanpur on the basis of which the present case has been slapped upon him by the court below vide order dated 7.10.2015, copy of the bail order has been annexed as annexure-3 to the affidavit accompanying this bail application, hence the applicant who is in jail since 17.9.2015 is entitled to be enlarged on bail.

The prayer for bail has been vehemently opposed by learned A.G.A.

Keeping in view, the submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.

Let the applicant, Mohmmad Zaheer be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 181 of 2015, under section 2/3 U.P. Gangster Act, P.S. Kurwar, district-Sultanpur subject to the following conditions:-

(a) The applicant shall attend the court according to the conditions of the bond executed by him.

(b) 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 :- 26.11.2015

Faridul