The High Court of U.P. granted bail to the applicant in a case under the U.P. Prevention of Cow Slaughters Act. The applicant was not named in the F.I.R. The court ordered release on personal bond with two sureties, subject to standard conditions.
Release on bail on personal bond and two sureties subject to conditions.
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. - 36326 of 2019
Applicant :- Shabeer Ahmad Opposite Party :- State Of U.P. Counsel for Applicant :- Ashutosh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Ashutosh, learned counsel for the applicant, Sri Prashant Kumar, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Shabeer Ahmad with a prayer to release him on bail in Case Crime No. 488 of 2019, under Sections 3/5/8 U.P. Prevention of Cow Slaughters Act, Police Station- Ganj, District- Rampur , during pendency of trial.
It is argued by the learned counsel for the applicant that the F.I.R. has been lodged on 17.07.2019 against ten named accused persons. He has further pointed out that the applicant is not named in the F.I.R. and his name surfaced during investigation. The applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. It is next submitted that nothing has been recovered from the possession of the applicant. There is no independent or public witness from which it is established that the applicant is involved in the commission of the aforesaid offence. It is next submitted that the co-accused - Ashif has already been granted bail by another Bench of this Court passed in Criminal Misc. Bail Application No. 36404 of 2019 vide order dated 18.09.2019, copy of which order has been passed on to the Court today is kept on record and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity.
This bail order is being granted to the applicant as he is not named in the F.I.R., therefore, parity of this order will not be claimed by the other accused persons who have been named in the F.I.R. The applicant is languishing in jail since 20.07.2019. The applicant has no criminal history except in the present case. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
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, he does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Considering the material/evidence brought on record, the submissions made by the learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 , let the applicant involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to 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 :- 14.10.2019 Priya
1 issue framed by the court
Whether the applicant, who has not been named in the F.I.R. and has no criminal history, is entitled to bail in the present U.P. Prevention of Cow Slaughters Act case.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶11
Dataram Singh Vs. State of U.P. and another, (2018) 3 SCC 22 · Who else cites this
Shabeer Ahmad
Manju Rani Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
