The Single Judge allowed the bail application of two applicants accused of offences under the Cow Slaughter Act. The court noted their lack of criminal history and deemed the case fit for bail upon conditions.
Released on bail by furnishing a personal bond and two reliable sureties each.
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Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20485 of 2018
Applicant :- Aas Mohammad And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Mohammad Faisal Khan,Brahma Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for applicant and learned A.G.A. and perused the record.
According to prosecution case, F.I.R was lodged against five persons namely Akarm, Mursleen, Chatu, Aas Mohammad and Gulwahab and two unknown persons, alleging that on 01.05.2018 Aas Mohammad and Gulwahab were arrested by the police and 225 kg beef and instrument relating to slaughtering was recovered by the police from the place of occurrence.
It is submitted by the learned counsel for the applicant that the he is languishing in jail since 01.05.2018 (more than three months) having no criminal history. Applicants were arrested by the police. They have been falsely implicated by the police to show his good work. There is no independent witness and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicants and admitted that applicants have no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.,
Let the applicants, Aas Mohammad & Gulwahab, involved in Case Crime No.242 of 2018, under section 3/5/8 Cow Slaughter Act, Police Station Bhopa, District Muzaffarnagar, be released on bail on furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
(i). The applicants will not tamper with the evidence during the trial.
(ii). The applicants will not pressurize/intimidate the prosecution witness.
(iii). The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
(v) The applicants 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 24.7.2018 SKD
1 issue framed by the court
Whether bail should be granted to applicants accused of cow slaughter offences who are in custody since May 2018.
Aas Mohammad
Gulwahab
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
