Application for bail in a cow slaughter case. Accused alleged false implication and harassment. Court allowed bail on personal bond and sureties subject to specific conditions and expedited trial.
Release on bail with personal bond of two sureties, undertaking against tampering or criminal activities, and expedited trial order.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31656 of 2019
Applicant :- Mohd. Aqil @ Maula Opposite Party :- State Of U.P. Counsel for Applicant :- Deena Nath 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.211 of 2019, under Section 3/5/8 Cow Slaughter Act, Police Station Puramufti, District Kaushambi, 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 21.6.2019. 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 60 Kg. boven meat has been recovered from the possession of the applicant and one another from the house 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 Mohd. Aqil @ Maula 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 :- 24.9.2019 Manoj
1 issue framed by the court
Whether the applicant deserves bail in the charges of cow slaughter despite alleged recovery of beef meat.
2 provisions across 2 enactments
Mohd. Aqil @ Maula
State Of U.P.
Rajendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
