Criminal bail application rejected. Court denied bail due to arrest from crime spot, recovery of firearms and cattle flesh, and applicant's extensive criminal history under cow slaughter laws, distinguishing from co-accused.
Bail application rejected; applicant not released.
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Court No. - 79 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28144 of 2022
Applicant :- Khalik @ Nochi Opposite Party :- State of U.P. Counsel for Applicant :- A.Z.Khan Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
1.Heard Sri A.Z. Khan, the learned counsel for the applicant, Sri Arun Kumar Pandey, the learned Additional Government Advocate and perused the record.
2.Supplementary affidavit filed today is taken on record.
3.The instant application has been filed seeking release of the applicant on bail in Case Crime No. 188 of 2022, under Sections 3/5A/8 U.P. Prevention of Cow Slaughter Act, Police Station Gagal Heri, District Saharanpur.
4.The aforesaid case has been registered on the basis of an FIR lodged by a Sub-Inspector of Police against four named accused persons, including the applicant, alleging that on the basis of an information received from a Mukhbir, the police party reached a field where four persons were making pieces of flesh. Upon seeing the police party, the accused persons fired shots towards them. Three persons ran away and escaped and the applicant was arrested from the spot along with a country made pistol, in which an empty cartridge was there in the barrel. It is alleged that a slaughtered cow was lying there and about 150 kg. flesh of cow progeny, an axe and two knives were recovered from the spot.
5.In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case and the applicant is languishing in jail since 15.05.2022.
6.It has further been stated that after arresting the applicant, he was falsely implicated in two other cases- (i) Case Crime No. 189 of 2022, under Section 307 IPC and (ii) 190 of 2022, under Sections 3/25/27 of the Arms Act and in both of which the applicant has already been granted bail.
7.A supplementary affidavit filed on behalf of the applicant discloses the additional criminal history of six more cases against the applicant, including three cases under Prevention of Cow Slaughter Act and Animal Cruelty Act.
8.I have considered the facts and circumstances and aforesaid submissions of the learned counsel for the applicant.
9.What is apparent from perusal of the FIR is that the applicant has been arrested from the spot; that a country made pistol has been recovered from him and an axe, two knives and 150 kg. flesh of cow have been recovered from the spot. So far as the claim of bail on the ground of parity is concerned, since the applicant has been arrested from the spot and recovery has been made from him and also since the applicant has a long criminal history, I do not find that the case of the applicant appears to at par with that of the co-accused, who has been released on bail. Moreover considering the long criminal history of the applicant, including that of several cases under Prevention of Cow Slaughter Act and Animal Cruelty Act, this Court is not inclined to exercise its discretion in enlarging the applicant on bail.
10.In Dataram Singh v. State of U.P., (2018) 3 SCC 22, the Hon'ble Supreme Court held that:-
"A fundamental postulate of criminal jurisprudence is the presumption of innocence, meaning thereby that a person is believed to be innocent until found guilty. However, there are instances in our criminal law where a reverse onus has been placed on an accused with regard to some specific offences but that is another matter and does not detract from the fundamental postulate in respect of other offences. Yet another important facet of our criminal jurisprudence is that the grant of bail is the general rule and putting a person in jail or in a prison or in a correction home (whichever expression one may wish to use) is an exception. Unfortunately, some of these basic principles appear to have been lost sight of with the result that more and more persons are being incarcerated and for longer periods. This does not do any good to our criminal jurisprudence or to our society.
2. There is no doubt that the grant or denial of bail is entirely the discretion of the judge considering a case but even so, the exercise of judicial discretion has been circumscribed by a large number of decisions rendered by this Court and by every High Court in the country. Yet, occasionally there is a necessity to introspect whether denying bail to an accused person is the right thing to do on the facts and in the circumstances of a case. ........................(Emphasis supplied)
Order Date :- 13.10.2022 Ashish Pd.
Digitally signed by ASHISH PRASAD Date: 2022.10.21 19:27:37 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the special circumstances of the case, including recovery from person and criminal history, warrant exercising discretion to grant bail under the Prevention of Cow Slaughter Act.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P.Referred¶13
(2018) 3 SCC 22 · Who else cites this
3 provisions across 3 enactments
Khalik @ Nochi
State of U.P.
Subhash Vidyarthi
Arun Kumar Pandey
As recorded by the court registry
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