Criminal Misc. Bail Application awarded. Court allowed bail for applicant accused of cow slaughter, finding prima facie case for bail was made out.
Bail granted on personal bond and two sureties subject to standard conditions.
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. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1923 of 2022
Applicant :- Mohd. Javed Ahmad Opposite Party :- State Of U.P. Through District Magistrate Counsel for Applicant :- Ashok Kumar Singh,Pratibha Singh Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted that in this case applicant has been falsely implicated by the police. False recovery of 45 kg of cow beef has been shown against the applicant from the toilet of his house in bags. There is no any criminal history against the applicant except a single case. The applicant is in jail since 15.12.2021. In case he is released on bail, he will not misuse the liberty of bail. Therefore, requested for bail.
On the other hand, learned AGA opposed the prayer for bail.
Considering the facts and circumstances of the case, nature of allegation and evidence on record, complicity of the accused and submission of learned counsel for the parties and without expressing any opinion on the merits of the case, 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. Javed Ahmad , involved in Case Crime No.316 of 2021, under Section 3/5/8 Cow Slaughter Act, P.S. Shahganj, District Jaunpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1.The applicant will not tamper with the evidence during the trial.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 3.3.2022 G.S
Digitally signed by GHAN SHYAM Date: 2022.03.05 12:59:54 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail being falsely implicated by police in a case regarding cow slaughter.
Mohd. Javed Ahmad
State Of U.P. Through District Magistrate
Subhash Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
