In a bail application under Sections 3/5/8 Cow Slaughter Act, the High Court released the applicant on bail with personal and surety bonds and specific conditions to prevent tampering with evidence and future criminal activity.
Release of the applicant on bail by furnishing a personal bond and two sureties with specific conditions.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16451 of 2019
Applicant :- Shaukin Opposite Party :- State Of U.P. Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Shaukin, with a prayer to release him on bail in Case Crime No.103 of 2019, under Sections 3/5/8 Cow Slaughter Act, Police Station Nakur, DistrictSaharanpur, during pendency of trial.
Submission is that this is first implication of the applicant. There is no allegation of slaughtering against him. Only beef has been recovered from the joint possession of the applicant and co-accused, Saleem. Co-accused, Saleem, has been enlarged on bail by this Court today in Criminal Misc. Bail Application No. 16193 of 2019. The applicant is languishing in jail since 22.2.2019. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 9.9.2019 Ruchi Agrahari
1 issue framed by the court
Whether bail should be granted to the first-time accused in a cow slaughter case.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶9
(2018) 3 SCC 22 · Who else cites this
Shaukin
Siddharth
As recorded by the court registry
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Siddharth
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