The High Court of Allahabad granted bail to the applicant in a cow slaughter case, relying on Article 21 and the Dataram Singh dictum, subject to standard conditions including cooperation in trial and non-interference with witnesses.
Release of the applicant on bail with a personal bond and two sureties, subject to specified conditions.
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Court No. - 91
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43440 of 2020
Applicant :- Nurain Opposite Party :- State of U.P. Counsel for Applicant :- Surendra Kumar Tripathi 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, Nurain , with a prayer to release him on bail in Case Crime No. 07 of 2020, under Sections- 3/5/8 Cow Slaughter Act, Police Station- Nawabganj, District- Prayagraj, 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 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 is next submitted that co-accused, Noor Akram, has already been granted bail by coordinate Bench of this Court. 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 13.9.2020.
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 :-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 2.12.2020
Vandana
1 issue framed by the court
Whether the applicant should be released on bail under the Cow Slaughter Act pending trial.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherRelied on¶9
(2018) 3 SCC 22 · Who else cites this
3 provisions across 2 enactments
Nurain
State of U.P.
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Gautam Chowdhary
Parties & counsel
