In a criminal bail application, the High Court of Judicature at Allahabad granted bail to the applicant, Firoz, accused of cow slaughtering, subject to conditions including furnishing a personal bond and sureties, pending restoration of normal court functioning.
Bail granted on personal bond and two sureties, effective after the period of short term bail ends.
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Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42800 of 2020
Applicant :- Firoz Opposite Party :- State of U.P. Counsel for Applicant :- Amar Jeet Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The instant bail application has been filed on behalf of the applicant, Firoz, with a prayer to release him on bail in Case Crime No. 530 of 2020 under Sections 3/11 of The Prevention of Cruelty to Animals Act, 1960 and Section 429, 273 I.P.C., Police Station- Lisadi Gate, District- Meerut, during pendency of trial.
There is allegation of cow slaughtering against the applicant and other accused persons. Learned counsel for the applicant has submitted that the applicant has been falsely implicated in this case along with other co-accused persons. Recovery has been made from the house of co-accused persons, Mobin and Mohsin. The applicant has no criminal history to his credit and is in jail since 17.10.2020.
Learned A.G.A. has opposed the prayer for bail of the applicant.
Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, 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 :-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 2.12.2020 KS
Digitally signed by JUSTICE SIDDHARTH Date: 2020.12.04 12:51:11 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant should be released on bail in a criminal case under the Prevention of Cruelty to Animals Act and IPC.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶9
Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 · Who else cites this
3 provisions across 3 enactments
Firoz
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Siddharth
Parties & counsel
