Nafees v. State of U.P.

Court No. - 92

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48081 of 2022

Applicant :- Nafees Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Kaushik Counsel for Opposite Party :- G.A.

Hon'ble Gajendra Kumar,J.

Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.

The present bail application has been filed by the applicant seeking bail in Case Crime No.550 of 2022, under Section 3/5/8 of Cow Slaughter Act, Police Station- Kotwali Nagar, DistrictMuzaffar Nagar.

As per FIR version, it is alleged that on 01.09.2022, during patrolling, police personnel have recovered 50 Kgs beef from the possession of applicant.

Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present crime due to ulterior motive. It is further submitted that the applicant has been implicated by the Police by showing false recovery of animals. Nothing has been recovered from the possession of the applicant. There is no independent witness to the said recovery. Prosecution evidence does not connect the applicant with the alleged offence. It is further submitted that the applicant was not arrested from the spot. He further submits that the applicant has no previous criminal history. It is further submitted that other co-accused Bhoora has already been granted bail by this Court vide order dated 03.11.2022 in Criminal Misc. Bail Application No.49058 2022. Learned counsel for the applicant has next submitted that the applicant having better case for getting bail on account of parity. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. It is also submitted that there is no apprehension that after being released on bail, he may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 01.09.2022 and the possibility of conclusion of trial in near future is very bleak.