In a bail application under the U.P. Prevention of Cow Slaughter Act, the High Court granted bail to the applicant on bail bond with personal bond and two sureties against allegations of innocent implication and fabricated evidence.
Granted bail on furnishing a personal bond and two sureties each to the satisfaction of the 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. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28153 of 2019
Applicant :- Rahees Opposite Party :- State Of U.P. Counsel for Applicant :- Vikrant Gupta Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard Mr. Vikrant Gupta, learned counsel for the applicant as well as Mr. Nitin Agarwal, learned AGA for the State and perused the material placed on record.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It is further submitted by the learned counsel for the applicant that the alleged recovery of 40 Kgs of beef and other incriminating articles shown in the FIR is false, fabricated and concocted. In fact, no such recovery was effected from the possession of the applicant. Learned counsel for the applicant submits that the applicant has no concern with the alleged recovery. There is no public witness of the alleged recovery. It is next submitted by the learned counsel for the applicant that similarly placed coaccused Bhura has been granted bail by Co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 15926 of 2019 vide order dated 17.04.2019. It is next contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence.The applicant is languishing in jail since 04.06.2019. He does not have any criminal history to his credit. 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 bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.
Having considered the submissions of the parties and without expressing any opinion on the merits, let the applicant Rahees, involved in case crime No. 155 of 2019, under sections 3/5/8 of U.P. Prevention of Cow Slaughter Act PS Milak, District Rampur, 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 :- 16.7.2019 Sazia
2 issues framed by the court
Whether the applicant Rahees should be granted bail in a cow slaughter case.
Whether the alleged recovery of incriminating articles is fabricated.
1 provisions across 1 enactments
Rahees
Krishna Pratap Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
