Talib v. State of U.P.
Case brief
What is this about?
The single judge granted bail to the applicant in a case under the U.P. Prevention of Cow Slaughter Act involving alleged cow slaughter and firing. The order imposed standard bail conditions.
What did the court decide?
Applicant released on bail on personal bond and two sureties subject to conditions.
What the court decided
Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6807 of 2018
Applicant :- Talib Opposite Party :- State Of U.P. Counsel for Applicant :- Chandra Bhushan Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Shashi Kant,J.
Heard Sri Chandra Bhushan Tiwari, learned counsel for applicant, Sri Zafir Ahmad, learned AGA for the State of U.P. and perused the record.
The present bail application has been filed by the applicant in Case Crime No.827 of 2017, under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, Police Station - Budhana, District - Muzaffarnagar, with the prayer to enlarge him on bail.
The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case, he is having no criminal history and is in jail since 17.11.2017. It is further contended that the applicant was not arrested from spot and have nothing to do with the alleged recovery. In alleged firing, no one has received any injury and bail application of applicant in that case is pending before the court concerned. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for grant of bail to the applicant by submitting that office is of serious nature. The applicant has not only committed offence of cow slaughter but also firing on police personnel though no one has received any injury in the incident. Huge quantity of two quintal beef along with various instruments have been recovered from the spot but fairly conceded that the applicant is not arrested from spot and having no criminal history.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to be released on bail in the present case.
Parties & counsel
- applicant
Talib
Coram
Shashi Kant
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · March
- Registered
- Case no.
- BAIL/6807/2018
Similar cases
Judgements on the same questions, provisions and authorities, from every court