Akmal v. State of U.P.
Case brief
What is this about?
The High Court granted bail to the applicant accused of cow slaughter. The court accepted arguments regarding the strength of the prosecution case and lack of forensic evidence, applying the guidelines from the Apex Court.
What did the court decide?
Release granted on personal bond and two local sureties with conditions to attend dates and not seek adjournments.
What the court decided
Court No. - 58
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42167 of 2022
Applicant :- Akmal Opposite Party :- State of U.P. Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Shiv Shanker Prasad,J.
Heard Mr. Avinash Pandey, learned counsel for the applicant and Mr. Shravan Kumar Ojha, learned counsel for the State as well as perused the material on record.
The present bail application has been filed by the applicant-Akmal with a prayer to enlarge him on bail in C ase Crime No. 315 of 2022, under Sections 3/5/8 of the Prevention of Cow Slaughter Act, Police StationThana Bhawan, District-Shamli, during the pendency of the trial.
As per the prosecution case as narrated in the first information report lodged by Sub-Inspector Vikram Singh, Police Station-Thana Bhawan, District-Shamli, on 23rd August, 2022, when the informant and other Police personnels were busy in checking, they have been informed by an informer that some persons were slaughtering cows in forest of village Bhaisani nar tube-well of one Musa. On receiving the said information the informant and other Police personnels reached the spot and arrested two persons including the applicant and 50 k.g. cow beef were said to be haven recovered from the spot along with some tools of slaughtering.
It has been argued by the learned counsel for the applicant that the present first information report lodged by the police is nothing but a bundle of lie and the same has been lodged only for exploiting the applicant by indulging his name in a fake, false and frivolous case. The entire prosecution story as unfolded in the first information report is absolutely a self-made story projected by the informant. It is further submitted that the applicant is innocent. Further argument is that the alleged recovery of beef shown against the applicant is planted one by the Police. There is no independent witness of the said recovery. There is also no report of any Forensic Science Laboratory on the basis of which it can be said that the alleged recovery of meet is of beef. It is also submitted that the applicant has no criminal antecedents to his credit except the present
Issues for consideration
3 issues framed by the court
Whether bail should be granted in a case under the Prevention of Cow Slaughter Act involving allegations of cow slaughter and planted evidence.
Whether the applicant has a criminal antecedent record except the present case and the likelihood of fleeing or tampering.
What conditions are necessary for granting bail in the instant case.
Parties & counsel
- applicant
Akmal
Coram
Shiv Shanker Prasad
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- BAIL/42167/2022
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