Court allowed bail for applicant in a case under U.P. Prevention of Cow Slaughter Act involving cow skin recovery. Bail granted on bond subject to verified sureties once courts resume normal functioning.
Release on bail on personal bond and two sureties to be furnished once normal functioning of courts is restored.
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Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15131 of 2022
Applicant :- Mohd Imran @ Mitthu Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 18 of 2022, under Section 3/5/8 of U.P. Prevention of Cow Slaughter Act 1955, P.S. Atarsuiya, District Prayagraj, during pendency of the trial.
As per prosecution version, in a plastic bag some cow skin has been recovered from the possession of the applicant.
It has been argued by learned counsel for the applicant that the applicant is quite innocent and has falsely been implicated in the present case by the informant due to enmity; there is no independent witness of the alleged recovery and alleged recovery is totally false. It is submitted that no offence under The U.P. Prevention of Cow Slaughter Act, 1955 has been committed by him warranting punishment under the aforesaid Act. The submission is that no cow meat is recovered from the possession of the applicant. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is not a previous convict. The applicant is languishing in jail since 18.02.2022 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.
Learned A.G.A. opposed the bail prayer of the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Mohd Imran @ Mitthu , who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 11.4.2022 Meenu
Digitally signed by MEENU SINGH Date: 2022.04.11 16:08:10 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant is eligible for bail in a case under the U.P. Prevention of Cow Slaughter Act.
Whether the applicant has made out a case for bail given the nature of the offence and circumstances.
Whether bail conditions should be framed when courts are not in normal functioning.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherDistinguished¶10
(2018) 3 SCC 22 · Who else cites this
3 provisions across 1 enactments
Mohd Imran @ Mitthu
Deepak Verma
Meenu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
