Kallan and Another Vs State of U.P.

Court No. - 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55530 of 2022

Applicant :- Kallan And Another Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Anil Kumar, learned counsel for the applicants and Sri Varun Kumar Agnihotri, learned AGA for the State-respondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 82 of 2022, under Sections 3/5/8 of Prevention of Cow Slaughter Act, 1955 Police StationGanjdundwara, District- Kasganj, during pendency of the trial in the court below.

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This is the second bail application filed on behalf of the applicants and their first bail application was dmissed by this Court vide order dated 24.6.2022 passed in Criminal Misc. Bail Application No. 25027 of 2022.

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Learned counsel for the applicant submits this is the second bail application and he is pressing the instant second bail application on the sole ground that applicants in the present matter are in jail 26.04.2022 i.e. for almost one year.

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Learned counsel for the applicants further submits that applicants are not having any criminal history and maximum punishment provided under Section 8 of the Cow Slaughter Act, 1955 is ten years and minimum punishment provided is three years. Therefore, considering the incarnation of about one year applicant may be released on bail.

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Per contra, learned AGA opposed the prayer for bail and submitted that from possession of the applicants about 155 Kgs. beef was recovered and after considering the entire aspect of the case, first bail application was dismissed by this Court but he could not dispute the fact that maximum punishment provided under Section 8 of the Cow Slaughter Act, 1955 is ten years and minimum punishment provided is three years and applicants are in jail since

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26.4.2022 i.e. for almost one year.

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I have heard learned counsel for both the parties and perused the record of the case.

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Although this is second bail application and as per allegations, from the possession of the applicant 165 Kgs. beef was recovered but it appears that that they are in jail in the present matter since 26.4.2022 i.e. for almost one year and although maximum punishment provided under Section 8 of the Cow Slaughter Act, 1955 is ten years but minimum punishment provided is three years and applicants are not having any criminal history, therefore, considering the long incarnation of about one year of the applicants in the present matter, in my view applicants are entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

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Let the applicant- Kallan and Kasim be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicants shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicants shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.

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(iii) The applicants shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicants.

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Order Date :- 18.4.2023

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Kumar Manish.

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Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad

Kallan and Another v. State of U.P.

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Kallan and Another v. State of U.P.

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