This criminal miscellaneous bail application seeks release of an applicant implicated in a cow slaughter case. The High Court held that the applicant made out a case for bail, ordering his release on a personal bond and two sureties with specific conditions.
Release of the applicant on a personal bond and two sureties on specific conditions.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10070 of 2022
Applicant :- Ativeer @ Atuaa Opposite Party :- State of U.P. Counsel for Applicant :- Geetam Singh Counsel for Opposite Party :- G.A.
Hon'ble Chandra Kumar Rai,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The instant bail application has been filed on behalf of the applicant-Ativeer @ Atuaa a prayer to release him on bail in Case Crime No.10 of 2022 under Sections 3/8 U.P. Cow Slaughter Act, Police Station- Pilua, District Etah during pendency of trial.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He further submitted that the applicant has not been named in the FIR, the FIR has been lodged against the unknown persons. The name of the applicant was surfaced during investigation and recovery of Rs.375/- was made from the possession of the applicant. He further submitted that except Rs.375/- no indiscriminating article was recovered from the possession of the applicant. It is further submitted that coaccused, Afashan and Satyaveer @ Bengan have been granted bail by this Court vide orders dated 18.4.2022 and 21.4.2022 passed in Criminal Misc. Bail Application Nos.10507 of 2022 and 12532 of 2022. He next submitted that no prohibited meat has been recovered and no forensic report confirms that substance allegedly recovered is prohibited meat. Applicant has no criminal antecedent to his credit except the present case. He further submits that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, and is in jail since 23.01.2022.
Lastly it is submitted by the learned counsel for applicant that the applicant shall not abscond, and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact .
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant- Ativeer @ Atuaa involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 12.5.2022 Deepika
Digitally signed by DEEPIKA SINGH Date: 2022.05.16 13:03:58 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant makes out a case for bail under Sections 3/8 U.P. Cow Slaughter Act.
1 provisions across 1 enactments
Ativeer @ Atuaa
State of U.P.
Chandra Kumar Rai
Depika Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
