This bail application was allowed. The court granted bail to the applicant charged with offences under the Prevention of Cow Slaughter Act, noting the applicant's clean record and lack of involvement in pointing out recovery.
Bail granted on personal bond and two sureties with standard conditions preventing tampering and intimidation.
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. - 27
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36044 of 2018
Applicant :- Mahboob Opposite Party :- State Of U.P. Counsel for Applicant :- Shabeena Begum,Ashiyam Nasir 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 Mahboob was arrested by the Police personnel and 50 kg beef was recovered from the possession of the applicant.
Learned counsel for the applicant submitted that the applicant is languishing in jail since 2.8.2018 (about three and half months); having no criminal history; nothing was recovered on the pointing out the applicant or from possession of the applicant; the recovery was shown by the Police to show his good work only; there is no independent witness; the applicant is innocent and has been falsely implicated in the present case 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 the 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 Mahboob involved in Case Crime No. 494 of 2018, under Section 5/8 of Prevention of Cow Slaughter Act, P.S.-Swar, 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 with the following conditions:
2.The appellant will not pressurize/ intimidate the prosecution witness.
3.The appellant will appear before the trial court on the date fixed, unless personal presence is exempted.
4.The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5.The appellant 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 him 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 :- 12.11.2018 OP
1 issue framed by the court
Whether the applicant is entitled to bail on the charges under the Prevention of Cow Slaughter Act.
1 provisions across 1 enactments
Mahboob
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
