The High Court granted bail to the applicant in a cattle slaughter preparation case, emphasizing Article 21 protections and distinguishing a coordinate judgment, while imposing strict conditions regarding court appearance and conduct.
Released on bail on furnishing a personal bond and two sureties each of like amount.
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Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39356 of 2022
Applicant :- Naseem Opposite Party :- State of U.P. Counsel for Applicant :- Mukesh Joshi Counsel for Opposite Party :- G.A.
Hon'ble Ram Manohar Narayan Mishra,J.
Heard Sri Mukesh Joshi, learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Naseem, with a prayer to release him on bail in Case Crime No. 248 of 2022, under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animals Act, Police Station- Bhojpur, DistrictMoradabad, during pendency of trial.
In the first information report lodged by the police on 30.07.2022, it is alleged that on 30.07.2022, the applicant, co-accused Muziburrhman along with 4 other persons were found preparing for slaughtering cow and ox with the aid of equipments used for slaughtering, by the police. Three axes, six knives, five ropes and Rs.1590/- cash, one weighing balance, three weights, slaughtering equipments and two packets of black polythene were recovered.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case. Recovery made from the possession of the applicant is planted. According to the first information report, no cow slaughtering has taken place rather preparation for the same was going on. The applicant is languishing in jail since 30.07.2022. Co-accused Muziburrhman, whose case was at par with the accused-applicant, has already been enlarged on bail by another coordinate Bench of this Court by order dated 10.10.2022 passed in Criminal Misc. Bail Application No. 40506 of 2022. In case the applicant is released on bail, he will not misuse the liberty.
Per contra learned A.G.A. has opposed the bail prayer of bail and submitted that an axe was recovered by the police from the possession of the applicant which was likely to be used in slaughtering of cow recovered on the spot.
Considering the material/evidence brought on record, the submissions made by the learned counsel for the parties, the nature of allegations, the gravity of offence, larger mandate of Article 21 of the constitution of India, as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 , let the applicant involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 2.11.2022 A.P. Pandey
Digitally signed by ANAND PRAKASH PANDEY Date: 2022.11.03 13:14:46 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to be released on bail in a case involving preparation for cow slaughter and cruelty to animals.
Whether specific conditions should be imposed to secure the applicant's presence and prevent tampering with witnesses.
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
4 provisions across 3 enactments
Naseem
Ram Manohar Narayan Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Ram Manohar Narayan Mishra
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