Junaid v. State of U.P.
Case brief
What is this about?
This judgment allows a bail application filed by Junaid, accused in a cow slaughter case. The High Court, noting that a co-accused was already released and after examining the nature of the offense, granted bail with conditions.
What did the court decide?
Bail allowed; release on personal bond and two sureties with conditions against tampering, committing new crimes, or dissuading witnesses.
What the court decided
Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1458 of 2022
Applicant :- Junaid Opposite Party :- State of U.P. Counsel for Applicant :- Rizwan Ullah Siddiqui Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Sri Rizwan Ullah Siddiqui, learned counsel for the applicant and Sri Avaneesh Kumar Shukla, learned AGA for the State through V.C.
This bail application purported to be under Section 439 of the Cr.P.C. has been moved on behalf of applicant Junaid for seeking bail in Case Crime No.4 of 2021 under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act registered at Police Station-Puramufti, District-Kaushambi.
The bail application of the applicant has been rejected by the court below, on 18.12.2021
Learned counsel for the applicant has argued that a first information report has been lodged by one Rakesh Kumar against the applicant and 4 others before Police StationPuramufti, District-Kaushambi being FIR No.0004 on 4.1.2021 at 9.52 hours under the above noted sections that the police after receiving the tip arrested one Rahman @ Chocho one of the co-accused and recovered on 4.1.2021 25 kg of beef. He has further submitted though the applicant has named in the FIR but he was not arrested on the spot in question and he has been falsely implicated in the case. He has further argued that the applicant is innocent and the implication of the applicant is not justified as he was not present when the alleged occurrence took place and further there is no laboratory report to verify the fact as to whether the meat so recovered is beef. He has drawn the attention of this Court towards paragraph 15 of the application so as to contend that there are two criminal cases shown to be pending against the applicant in Case Crime No.202 of 2018, under Sections 3/25 of Arms Act in which the applicant has been enlarged on bail by the court below being Chief Judicial Magistrate, Kaushambi on 13.9.2018 as well as other case being Case Crime No.347 of 2018, under Sections 379 and 411 IPC on 6.10.2018 by the court the 9th Additional Sessions Judge, court no.16, Allahabad. Thus, according to applicant he has explained the criminal history.
Issues for consideration
2 issues framed by the court
Whether bail should be granted to the applicant accused of cow slaughter under the U.P. Prevention of Cow Slaughter Act.
Whether the grant of bail to a co-accused and the applicant's criminal history influence the current bail application.
Parties & counsel
- applicant
Junaid
- respondent
State of U.P.
Coram
Vikas Budhwar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/1458/2022
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