Court allowed bail to the applicant in a cow protection case. Considering parity with co-accused already released on bail and lack of specific evidence against the applicant, the court granted bail subject to standard conditions.
Applicant allowed bail on personal bond and two sureties in the like amount.
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. - 93
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25915 of 2022
Applicant :- Moharram Ali Opposite Party :- State of U.P. Counsel for Applicant :- Sanjai Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Surendra Singh-I,J.
Learned A.G.A. has filed a counter affidavit today in Court. It is taken on record.
This is an application for bail on behalf of the applicant Moharram Ali in Case Crime No. 181 of 2019, under Section 3/5A/8 Cow Slaughter Act and Section 11 of Prevention of Animal Cruelty Act, Police Station Patherwa, District Kushi Nagar.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State.
As per prosecution case, 25 alive and one dead cow progeny were being carried with cruelty. They were kept in a very small space. Two accused persons were arrested on the spot, who were trying to abscond from the spot. Both the arrested persons informed the Investigating Officer that the owner of these cow progenies is Moharram Ali, the applicant.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present crime. It is submitted that the applicant has been implicated solely on the basis of confessional statements of coaccused persons. The applicant was not arrested on the spot. No equipment of slaughtering the cow progeny was recovered from the possession of the applicant. It is fairly stated that apart from the present case, the applicant has criminal history of 12 cases which has been explained in paragraph 21 of the affidavit filed
in support of the bail application. It has also been submitted that the applicant has not been convicted in any of the criminal offences registered against him. It is averred that co-accused Shabuddin and Mohd. Nawab, similarly circumstanced as the applicant, have already been enlarged on bail vide a common order dated 03.07.2019 passed in Bail Application no. 921 of 2019 by the Sessions Judge, Kushinagar. It is submitted that the applicant is also entitled to be released on bail on the ground of parity. It is in the last submitted that the applicant is in jail since 02.05.2022 and in case he is released on bail he will not misuse the liberty of bail.
Learned A.G.A. appearing on behalf of the State has opposed the prayer for bail but could not deny the averments made by the accused-applicant.
Considering the submissions advanced by the learned counsel for the parties, the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that co-accused Shabuddin and Mohd. Nawab, have already been enlarged on bail, but without expressing any opinion on the merits of the case, this Court is of opinion that the applicant is entitled to bail.
The bail application, accordingly, stands allowed .
Let the applicant Moharram Ali involved in the aforementioned case be released on bail on executing their personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before the Court concerned.
Order Date :- 22.11.2022 Brijesh Maurya
Digitally signed by BRIJESH KUMAR Date: 2022.11.23 16:53:00 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant Moharram Ali is entitled to bail on the grounds of innocence and parity with co-accused.
Moharram Ali
Surendra Singh
Brijesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
