Allowed

Smt. Kaushar v. State of U.P.

Allahabad HC20 Mar 2018BAIL/50832/2017

Case brief

AI extract

What is this about?

The court granted bail to the applicant, a first-time offender, in a case under the U.P. Prevention of Cow Slaughter Act, balancing her lack of criminal history against the recovery of beef, with specific conditions imposed.

What did the court decide?

Petitioner released on bail by furnishing a personal bond and two sureties; subject to conditions against tampering with evidence and ensuring presence for trial hearings.

Smt. Kaushar Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 34

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50832 of 2017

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Applicant :- Smt. Kaushar Opposite Party :- State Of U.P. Counsel for Applicant :- Ram Bahadur, Sudhir Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Shashi Kant,J.

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Heard Sri Sudhir Kumar, Advocate, who has filed his power on behalf of the applicant, Sri Zafir Ahmad, learned A.G.A. for the State of U.P. and perused the record.

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The present bail application has been filed by the applicant in Case Crime No.916 of 2017, under Sections 3/5/8 U.P. Prevention of Cow Slaughter Act, Police Station - Wazirganj, District - Budaun, with the prayer to enlarge him on bail.

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The submissions of learned counsel for the applicant are that the applicant is innocent lady and has been falsely implicated in the case. She is having no previous criminal history and in jail since 06.10.2017. It is further submitted that the applicant is housewife and there is no pubic witness of the alleged recovery. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, she will not misuse liberty of bail.

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Learned A.G.A. opposed the prayer for grant of bail to the applicant on the ground that a huge quantity of beef i.e. one and a half quintal has been recovered from the spot and role of active participation in the crime i.e. filling beef in the packets has been assigned to the applicant hence the applicant is not entitled for bail.

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Considering the rival submissions of learned counsel for parties, material available on record, ground of that the applicant is house wife, having no criminal antecedents as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.

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Let applicant Smt. Kaushar be released on bail in Case Crime No.916 of 2017, under Sections 3/5/8 U.P. Prevention of Cow Slaughter Act, Police Station - Wazirganj, District - Budaun, on her furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(1) Applicant will not try to influence the witnesses or tamper

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with the evidence of the case or otherwise misuse the liberty of bail.

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(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.

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(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.

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Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

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Order Date :- 20.3.2018 KA

Smt. Kaushar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Smt. Kaushar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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