In a bail application under the U.P. Prevention of Cow Slaughter Act, the court granted bail subject to conditions, relying on the constitutional mandate of Article 21 and relevant Supreme Court precedents, without expressing an opinion on the merits of the case.
Release of applicant on bail via personal bond and two sureties subject to specified 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. - 91
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28217 of 2020
Applicant :- Saleem Opposite Party :- State of U.P. Counsel for Applicant :- Mirza Ali Zulfaqar Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material brought on record.
The present bail application has been filed on behalf of the applicant Saleem with a prayer to release him on bail in Case Crime No. 80 of 2020, under Sections 3/5/8 Cow Slaughter Act, Police Station- .Azeem Nagar., District- Rampur during pendency of trial.
The submission advanced by learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. No offence under Sections U.P. Prevention of Cow Slaughter Act, 1955 has been committed by him warranting punishment under the aforesaid Act. He has further submitted that from the allegations made against the applicant no cognizable offence as per Section 9 of the U.P. Prevention of Cow Slaughter Act, 1955 is made out against him. The offence is triable by Magistrate and maximum sentence of 7 years. In fact, Act is being misused against innocent persons. Further submission is that there is no independent witness in support of the alleged recovery. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It is further contended by learned counsel for the applicant that the applicant is languishing in jail since 27.7.2020 having no criminal history.
Learned AGA for the State has opposed the prayer for bail.
Having considered the material on record, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime 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 :-
his bail shall be effective after the period of short-term bail comes to an end.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 5.10.2020
RPD
2 issues framed by the court
Whether the applicant is entitled to bail in the present case.
Whether conditions for bail grant are sufficient to prevent tampering with evidence.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶9
(2018) 3 SCC 22 · Who else cites this
2 provisions across 1 enactments
Saleem
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Gautam Chowdhary
Parties & counsel
