The Single Judge allowed the bail application of Rehan Kureshi under Section 3/5/8 of the Prevention of Cow Slaughter Act, upholding the justice scheme of the Prevention of Cow Slaughter Act.
The applicant is released on bail on furnishing a personal bond and two sureties, subject to standard bail conditions prohibiting tampering with evidence or witnesses.
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Court No. - 41 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24897 of 2018 Applicant :- Rehan Kureshi Opposite Party :- State Of U.P. Counsel for Applicant :- Santosh Kukmar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit filed by learned A.G.A. is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to the prosecution case, F.I.R. was lodged against five accused persons namely, Rehan Quraishi, Asif, Raju, Mohatshim and Soharav alleging that on 22.4.2018, accused Rehan Qurashia was arrested by the police with 60 Kg. beef and some instruments for slaughtering and other accused persons fled away.
It is submitted by learned counsel for the applicant that recovery is false and planted. There is no evidence to connect the applicant with the present matter. There is no independent witness against the applicant. Applicant was not arrested on the spot. The applicant is innocent and have been falsely implicated in the present case. Police has falsely planted for showing his good work.
He is languishing in jail since 22.4.2018 (more than four and half months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has 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 applicant Rehan Kureshi involved in Case Crime No. 293 of 2018, under Section 3/5/8 Prevention of Cow Slaughter Act, P.S. Tilhar, District Shahjahanpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to
following conditions:
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 11.9.2018/OP
1 issue framed by the court
Whether the applicant is entitled to bail in the present bail application.
Rehan Kureshi
Aniruddha Singh
As recorded by the court registry
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