High Court Court No. 67 granted bail to Sharafat and Shaheed Ahmad in a case under the Cow Slaughter Act, applying Dataram Singh and imposing conditions including personal bond and cooperation with trial.
Released on bail with personal bond and two sureties.
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Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21775 of 2021
Applicant :- Sharafat And Another Opposite Party :- State of U.P. Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicants, Sri Sanjay Singh, learned AGAI, appearing for the State and perused the material brought on record.
Learned counsel for the applicants submits that no incriminating article has been recovered from the possession or pointing out of the applicants and the recovery which has been shown does not relate to the applicants. There are no reported criminal antecedents against the applicants. The applicants are in jail since 26.03.2021. Several other submissions in order to demonstrate the falsity of the allegations made against the applicants have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicants that they are ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required.
Learned A.G.A. has vehemently opposed the prayer.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let applicants- Sharafat and Shaheed Ahmad , be released on bail in Case Crime No. 51 of 2021, under Sections- 3/5Ka/8 Cow Slaughter Act, Police Station- Kunwargaon, District- Badaun, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 11.6.2021 Arti
Digitally signed by Justice Vivek Kumar Singh Date: 2021.06.11 16:05:51 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicants are entitled to bail in a case involving cow slaughter charges under the Cow Slaughter Act.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherApplied¶8
(2018) 2 SCC 22 · Who else cites this
2 provisions across 2 enactments
Sharafat
Shaheed Ahmad
Vivek Kumar Singh
As recorded by the court registry
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