Asamuddin v. State of U.P.
Case brief
What is this about?
Court released the applicant on bail after his prior application was rejected, citing potential parade abuses and noting that the co-accused had already been enlarged on bail.
What did the court decide?
Release of the applicant on bail by furnishing a personal bond and two sureties, subject to ten specific conditions regarding conduct and court appearances.
What the court decided
Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6663 of 2020
Applicant :- Asamuddin Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard Sri Rajesh Kumar Shukla, learned counsel for the applicant and learned A.G.A for the State.
The instant bail application has been filed on behalf of the applicants, Asamuddin , with a prayer to release them on bail in Case Crime No. 341 of 2019, under Section 3/5/8 U.P. Prevention of Cow Slaughter Act, 1955, Section 11 of Prevention of Cruelty of Animal Act, Police StationThakurdwara, District- Moradabad, during pendency of trial.
This is second bail application of the applicant.
The first bail application of the applicant was rejected on 20.11.2019. The second bail application has been moved on the ground that co-accused, Naem, has been enlarged on bail by this court vide Crl. Misc. Bail Application 26760 of 2020 and there is parity of roles between the accused and the applicant. The applicant is in jail since 16.08.2019 and has no criminal history to his credit.
The offence is triable by Magistrate and maximum sentence is of 7 years. Act is being misused against innocent persons. Whenever any meat is recovered, it is normally shown as cow meat (beef) without getting it examined or analyzed by the Forensic Laboratory. In most of the cases, meat is not sent for analysis. Accused persons continue in jail for an offence that may not have been committed at all and which is triable by Magistrate Ist Class, having maximum sentence upto 7 years. Whenever cows are shown to be recovered, no proper recovery memo is prepared and one does not know where cows go after recovery. Goshalas do not accept the non-milching cows or old cows and they are left to wander on the roads. Similarly, owner of the cows after milking, leave the cows to roam on roads, to drink drainage/sewer water and eat garbage, polythene, etc. Moreover, cows and cattle on the road are menace to the traffic and number of deaths have been reported due to them. In the rural areas cattle owners who are unable to feed their live stock,
Issues for consideration
2 issues framed by the court
Whether the applicant should be released on bail in a case under the U.P. Prevention of Cow Slaughter Act.
Whether parity of bail between co-accused and the applicant justifies release.
Parties & counsel
- applicant
Asamuddin
Coram
Siddharth
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- BAIL/6663/2020
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