Rejected a bail application filed by Rizwan Ahmad charged with cow slaughter. The court found that evidence, including recovery of a blood-stained shoe and witness testimony, was sufficient to deny bail at the operative stage.
No case for grant of bail is made out; application rejected.
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Neutral Citation No. - 2023:AHC:123901
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20164 of 2023
Applicant :- Rizwan Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Janardan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Mayank Kumar Jain,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and learned counsel for the informant and perused the record.
The present bail application has been filed on behalf of applicant in Case Crime No. 81 of 2023, under Sections 3/5/8 of Cow Slaughter Act, Police Station Ahraula, District Azamgarh with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that no specific role has been assigned to the applicant. He further submits that recovery shown by the police party from the open place but there is no public witness of the alleged offence. It is further submitted that applicant is languishing in jail since 26.03.2023 and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail and argued that the applicant was caught on the spot while slaughtering the cow and he also narrated the names of three persons who fled away from the place of occurrence to the police such as Lallu s/o Mustak, Kashinona s/o Lallu and Saroj Nona s/o Harilal. It is also contended that from the possession of the applicant blood stained 'chapad' has been recovered by which he has slaughtered the cow.
Considering the submissions of learned counsel for the parties, nature of allegations and gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that no case for grant of bail is made out. Hence, the bail application is hereby rejected
Any observation made above shall not be treated as any finding on the merit and shall not prejudice the trial.
Order Date :- 2.6.2023 SY
Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail can be granted to the applicant charged under the Cow Slaughter Act.
Rizwan Ahmad
Mayank Kumar Jain
As recorded by the court registry
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