Dismissed

Riyajul v. State of U.P. and Another

Allahabad HC15 Dec 2021ABAIL/19452/2021

Case brief

AI extract

What is this about?

This court rejected an anticipatory bail application. The applicant faced charges under the U.P. Prevention of Cow Slaughter Act after police found beef for sale. Despite claims of no weapon recovery, the applicant's history of six prior cases, three involving the same act, led the court to find no grounds for bail.

What did the court decide?

The anticipatory bail application filed on behalf of the applicant is rejected.

Riyajul Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2021)

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Court No. - 87

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 19452 of 2021

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Applicant :- Riyajul Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mukesh Joshi Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Sadhna Rani (Thakur),J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.

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The present anticipatory bail application has been filed by the applicant with a prayer to enlarge him on anticipatory bail in Case Crime No.309 of 2021, under Sections 3/5/8 U.P. Prevention of Cow Slaughter Act, 1955, P.S. Pakbada, District Moradabad.

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As per facts of the case on the information of the informer that two persons were selling cow meat when the police party made raid they found that one person was disclosing the meat to be the beef and was selling it at the rate of Rs.200/- per kg. when they entered the house the accused persons ran away. The police after chasing the accused could not apprehend them and on the spot they found 30 kg of meat, which the doctor prima facie disclosed to be cow meat (beef). The sample was taken and the meat was stored and was taken to police station. The applicant has apprehension that he may be arrested in this case, so prayer for anticipatory bail is made.

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Learned A.G.A. has opposed the anticipatory bail application on the ground that applicant is a habitual criminal. He is having criminal history of six cases. Out of which, three cases are of the same nature i.e. cow slaughter Act and one under Section 302 IPC.

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However, it is claimed by the learned counsel for the applicant that Case Crime No.93 of 2006 is a case pertaining to Section 3(1) of Gangster Act and is not under Section 302 IPC. Though, Case Crime No.93 of 2006 is shown to be under Section 302/201 I.P.C. in the report of police station. It is claimed that from the spot no weighing machine, weapon regarding slaughtering and money have been recovered. The accused is not arrested from the spot.

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From the record, it is clear that from the spot 30 kg cow meat is

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shown to be recovered, which the doctor prima facie disclosed to be cow meat (beef). The applicant is having criminal history of six cases. Out of which, three cases are of the same nature i.e. cow slaughter Act.

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After hearing the learned counsel for the applicant and learned A.G.A. and after perusing the averments made in the present anticipatory bail application as well as rejection order, this Court is of the opinion, that learned counsel for the applicant could not point out any good ground for grant of bail to the applicant.

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Accordingly, the anticipatory bail application filed on behalf of the applicant is, hereby, rejected .

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Order Date :- 15.12.2021 Radhika

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Digitally signed by SADHNA RANI THAKUR Date: 2021.12.21 10:41:25 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Riyajul v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Riyajul v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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