The High Court granted bail to the applicant in a case under the Prevention of Cow Slaughter Act, finding a case for bail made out on prima facie grounds without commenting on merits, subject to standard conditions.
The applicant was released on bail on executing a personal bond and two sureties, each in the like amount.
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Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36456 of 2022
Applicant :- Meharban @ Lukka Opposite Party :- State of U.P. Counsel for Applicant :- Mahendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Manohar Narayan Mishra,J.
Heard over bail application moved by applicant, Meharban @ Lukka, in Case Crime No. 239 of 2021, under Section 3/5/8 of Prevention of Cow Slaughter Act, Police Station-Binawar, District-Budaun.
Learned counsel for the applicant argued that the accusedapplicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 19.07.2022; there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail. According to prosecution version, police team acting upon an information on 14.10.2021 noticed some persons were slaughtering a male calf; the miscreants escaped from the place of incident; from the place of incident 44 kg. beef of cow was recovered; FIR has been lodged against unknown persons; name of accused applicant surfaced in the confessional statement of co-accused Akil and Irfan during investigation; co-accused Irfan has been granted bail vide order dated 28.6.2022 in Bail Application no. 26128 of 2022 and co-accused Akil has also been enlarged on bail in Bail Application no. 4859 of 2022; case of the applicant is at par with that of co-accused, who has been granted bail; nothing incriminating has been recovered from the applicant. Hence, bail has been prayed for.
Learned AGA has vehemently opposed, but could not oppose the above factual aspects.
Having heard and gone through materials placed on record, considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Meharban @ Lukka , involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 26.9.2022 Dhirendra/
Digitally signed by DHIRENDRA KUMAR Date: 2022.09.26 17:12:43 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the bail application under Section 438 CrPC of the accused applicant is maintainable and requires a grant of bail.
Meharban @ Lukka
Ram Manohar Narayan Mishra, J.
As recorded by the court registry
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