The court rejected the anticipatory bail application filed by Mushahid and Shahid in a case involving alleged cow slaughter, finding no case for granting indulgence due to the seriousness of allegations and prior convictions.
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Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52329 of 2019
Applicant :- Mushahid And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Shujauddin Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Shujauddin, learned counsel for the applicant and learned A.G.A. for the State.
The present anticipatory bail application has been filed by the applicants- Mushahid and Shahid in Case Crime No. 473 of 2019, under Sections 3/5/8 Prevention of Cow Slaughter Act and 11 Cruelty Act, Police Station- Shahbad, District- Rampur with the prayer to grant anticipatory bail to them.
I have perused the averments made in the first information report, the order by means of which the anticipatory bail application has been rejected by the court below as well as the material placed on record.
Learned counsel for the applicants has submitted that the applicants have been falsely implicated in the present case. The F.I.R. has been lodged against ten accused persons including the applicants out of which two accused were arrested on the spot and 1.5 quintals of meat of cow progeny and other articles were recovered from the spot. The applicants were not arrested at the spot. Learned counsel states that the applicants are licence meat holder and prima facie no offence is made out against them. Therefore, the applicants are entitled for anticipatory bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for anticipatory bail and submitted that the applicants are dealing in selling of beef under the garb of meat licence and besides it in the past the applicants are involved in three criminal cases of similar nature.
I may record that in Para 15 of the affidavit filed in support of present application it is stated that "the applicant is peace loving and law abiding citizen. He has not been previously convicted." The said averments have been made in a very guarded manner stating that the applicants are not previous convict instead of stating that the applicants have no criminal antecedents.
After hearing learned counsel for the parties and after perusing the allegations made in the first information report and also looking to the seriousness of the allegation as made in the F.I.R., gravity of offence and the severity of punishment and the fact as advanced by the learned A.G.A., no case for grant of any indulgence is made out.
Accordingly, the application for anticipatory bail is rejected.
Order Date :- 27.11.2019 Vikas
1 issue framed by the court
Whether anticipatory bail should be granted to applicants falsely implicated in offences under the Prevention of Cow Slaughter Act.
Mushahid
Shahid
State Of U.P.
Rajul Bhargava
As recorded by the court registry
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