The court allowed the bail application of Jamshed accused under the Prevention of Cow Slaughter Act and Prevention of Cruelty to Animals Act, recognizing insufficient proof of his involvement despite false recovery allegations.
Release on bail by furnishing a personal bond and two sureties each.
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Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31732 of 2018
Applicant :- Jamshed Opposite Party :- State Of U.P. Counsel for Applicant :- Ashfaq Ahmed Ansari 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 five accused persons namely, Shahida, Praveen, Salman, Bilal, Jamshed alleging that on 14.6.2018 accused Shahida and Preveen were arrested by the police and recovered three quintal beef and some instruments for slaughtering and other accused Salman, Bilal, Jamshed 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. Nothing was recovered from the possession of applicant. Applicant was not arrested on the spot. The applicant is innocent and have been falsely implicated in the present case. He is languishing in jail since 11.7.2018 (more than one month) 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 Jamshed involved in Case Crime No. 198 of 2018, under Section 3/8 Prevention of Cow Slaughter Act and Section 3/11 Prevention of Cruelty to Animals Act, P.S. Chilkana, District Saharanpur 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 :- 21.8.2018
A. Singh
2 issues framed by the court
Whether the applicant is eligible for bail in a case under the Prevention of Cow Slaughter Act and Prevention of Cruelty to Animals Act.
Whether the gravity of the offence and nature of allegations warrant bail with conditions.
2 provisions across 2 enactments
Jamshed
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
