This judgment grants bail to the applicant Sageer in a criminal case under the Prevention of Cow Slaughter Act involving an allegation of possessing beef. The court observed that the applicant has no criminal history and the recovery was challenged as false.
Release of applicant on bail by furnishing a personal bond and two sureties subject to specific conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 41 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26602 of 2018 Applicant :- Sageer Opposite Party :- State Of U.P. Counsel for Applicant :- Rakesh Pati Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
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 the applicant alleging that on 5.6.2018 he was arrested by the police with 15 Kg. beef.
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. Applicant purchased the said beef for personnel use from the Buffalo Meet Shop (photo copy of receipt of shop is annexed at page no. 18 of the affidavit). There is no independent witness against the applicant. The applicant is innocent and have been falsely implicated in the present case. Police has falsely planted to show his good work. He is languishing in jail since 5.6.2018 (near about one 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 Sageer involved in Case Crime No. 111 of 2018, under Section 3/5/8 Prevention of Cow Slaughter Act, P.S. Bhot, District Rampur 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 :- 18.7.2018//A. Singh
1 issue framed by the court
Whether the application for bail in a case involving Prevention of Cow Slaughter Act should be allowed?
Sageer
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
