This court allowed a bail application under the Cow Slaughter Act. The applicant alleged false implication due to enmity, while the prosecution highlighted the recovery of 200 kg of beef. The court granted bail subject to standard conditions and expedited trial instructions.
Applicant released on bail by furnishing a personal bond and two reliable sureties.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18305 of 2019
Applicant :- Shamshad Opposite Party :- State Of U.P. Counsel for Applicant :- Haya Rizvi,Jagdish Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No.74 of 2019, under Sections 3/5/8 Cow Slaughter Act, Police Station Kakrauli, District Muzaffar Nagar, applied for bail.
Learned counsel for the applicant submits that applicant has been falsely implicated in the present case on account of enmity for the purpose of harassment. Applicant committed no offence. A false and fabricated story has been set up by the police. Alleged recovery is false and fake. Applicant is in jail since 29.03.2019. It is further submitted that there is no possibility of the applicant fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Alleged offence is triable by Magistrate.
Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant and submitted that 200 Kg. boven meat has been recovered from the possession of the applicant.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, alleged recovery from the possession of the applicant and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed .
Let applicant Shamshad be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
However, it is provided that Trial Court shall expedite and conclude the trial within one year from the date of production of certified copy of this order without granting unnecessary adjournment, if there is no legal impediment.
Order Date :- 1.10.2019 I.A.Siddiqui
1 issue framed by the court
Whether the accused-applicant is entitled to bail given the alleged recovery of cattle meat and claim of false impalement.
Shamshad
State Of U.P.
Rajendra Kumar
As recorded by the court registry
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