In Criminal Misc. Bail Application No. 1972 of 2021, the court granted bail to applicant Mohd. Nadeem accused under cow slaughter and IPC sections, conditional on furnishing sureties and adhering to specific undertakings regarding evidence and witness interference.
Applicant released on bail on furnishing a personal bond and two local sureties.
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. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1972 of 2021 Applicant :- Mohd. Nadeem Opposite Party :- State of U.P. Counsel for Applicant :- Sudarshan Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and Ms. Seema Shukla, learned AGA for the State.
The applicant seeks bail in Case Crime No. 255 of 2020, under Sections 3/5A/5B/8 of U.P. Prevention of Cow Slaughter Act, Section 11 of Prevention of Cruelty against Animals Act and under Sections 379, 411 IPC, Police Station Ali Nagar, District Chandauli.
It has been argued by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case due to ulterior motive. The animals were not recovered from the possession of the applicant. There is no independent witness of the alleged incident. It has lastly been submitted that applicant is languishing in jail since 27.11.2020 having no other criminal history to his credit and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned AGA has opposed the prayer for bail.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Mohd. Nadeem involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each in the like amount to the satisfaction of the court concerned on the following conditions that:
(i) the applicant shall not tamper with the prosecution evidence;
(ii) the applicant shall not pressurize the prosecution witnesses;
(iii) the applicant shall appear on each and every date fixed by the trial court.
In case of default of any of the conditions enumerated above, the order granting bail shall stands automatically vacated.
Order Date :- 19.1.2021 Lbm/-
1 issue framed by the court
Whether the applicant Mohd. Nadeem is entitled to bail in the criminal case involving cow slaughter and cruelty to animals charges.
3 provisions across 3 enactments
Mohd. Nadeem
State of U.P.
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
