Single-judge criminal court granted bail to Shah Nazar, an accused in a cow slaughter case, noting the lack of direct evidence and independent witnesses against him, despite opposition by the State.
Bail allowed on personal bond and two sureties subject to standard conditions of not tampering with evidence or witnesses and appearing in court.
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. - 36054 of 2018
Applicant :- Shah Nazar Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Singh,Amit Rai 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 four accused persons namely, Pappu, Saddam, Ashiq and Shahnazar alleging that on 25.7.2018, two quintal beef and some instruments for slaughtering were recovered from the place of occurrence and all 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 applicants with the present matter. Applicant was not arrested on the spot. There is no independent witness against the applicant. Nothing was recovered from the possession of applicant. The applicant is innocent and has been falsely implicated in the present case. He is languishing in jail since 21.8.2018 (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 applicants 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 Shah Nazar involved in Case Crime No. 427 of 2018, under Section 3/5-A/8 Prevention of Cow Slaughter Act, P.S. Charthawal, 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 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 :- 24.9.2018 OP
2 issues framed by the court
Whether the bail application of the applicant charged under the Prevention of Cow Slaughter Act, vide FIR registered on 25.7.2018, falls within the category of cases where bail may be granted?
What conditions for granting bail in the present case under Section 439 CrPC should be imposed upon the applicant?
Shah Nazar
State Of U.P.
Aniruddha Singh J
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
