Criminal Misc. Bail Application allowed. Applicant granted bail in case involving recovery of beef and slaughtering instruments under the Prevention of Cow Slaughter Act, to furnish personal bond and sureties.
Applicant released on bail upon furnishing a personal bond and two sureties subject to standard conditions.
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Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25356 of 2018
Applicant :- Munshi @ Salim Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd. Akbar Shah Alam Khan Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Sri Sudhir Kumar Agarwal, has filed parcha on behalf of the applicant, which 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 this accused, namely, Munshi @ Salim and two unknown persons alleging that on 28.04.2018 160 Kg. beef and instruments relating to slaughtering were recovered from the place of occurrence; all the accused including the applicant managed to escape from the spot.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. So far as criminal history of applicant is concerned, the same has been explained in para-5 of the rejoinder affidavit. The applicant is languishing in jail since 14.05.2018 (about three months). There is no independent witness against the applicant 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.
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 Munshi @ Salim involved in Case Crime No. 496 of 2018, under Section 3/5/8 Prevention of Cow Slaughter Act, 1955, P.S. Kotwali Nagar, District Muzaffar Nagar be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court
concerned with the 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 :- 10.8.2018 NS
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Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25356 of 2018
Applicant :- Munshi @ Salim Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd. Akbar Shah Alam Khan Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
In the counter affidavit filed on behalf of the State, criminal history of three cases is shown against the applicant including Case Crime No. 1175 of 2017, under Section 3/5/8 Prevention of Cow Slaughter Act, P.S. Kotwali Nagar, District Muzaffar Nagar, whereas in the rejoinder affidavit filed on behalf of the applicant it has been specifically stated that the applicant is not named in the FIR of the aforesaid case.
Sri Karunakar Singh, learned A.G.A. is directed to insure why wrong statement has been made in the counter affidavit filed on behalf of the State regarding involvement of the applicant in Case Crime No. 1175 of 2017 on or before 04.09.2018.
List on 04.09.2018 at 4.15 P.M. in Chamber.
A copy of this order be provided to Sri Karunakar Singh, learned A.G.A. free of costs for necessary compliance within 24 hours.
Order Date :- 10.8.2018 NS
1 issue framed by the court
Whether bail should be granted to the applicant accused of offences under the Prevention of Cow Slaughter Act.
Munshi @ Salim
State Of U.P.
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
