Bail application filed by Ali Husain was allowed in a case under the U.P. Prevention of Cow Slaughter Act involving alleged transportation of beef, finding his case at par with a co-accused already on bail.
Release on bail upon furnishing a personal bond and two sureties in amounts to be fixed by the trial court.
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Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 628 of 2023
Applicant :- Ali Husain @ Ali Hasan Opposite Party :- State of U.P. Counsel for Applicant :- Vinay Kumar Singh Singraur,Neeraj Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Heard Sri Anuj Kumar Gupta, Advocate holding brief of Sri Vinay Kumar Singh Singraur, learned counsel for the applicant and Sri Amit Kumar Shukla, learned Brief Holder, for the State.
The instant bail application has been moved on behalf of the applicant with the prayer to release him on bail in Case Crime No. 209 of 2022, under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, 1955, Police Station Aichora Kamboh, District Sambhal, during pendency of the trial.
According to the prosecution case, applicant alongwith two other were arrested while they were moving on a motorcycle and from their possession 40 k.g. beef was recovered.
Learned counsel for the applicant submits that entire allegation made against the applicant is totally false and baseless and applicant never involved in the alleged offences. He further submits that only allegation against the applicant and co-accused is that they were transporting the beef. He further submits that alongwith applicant co-accused Rashid was also apprehended and he has been released on bail by this Court on 23.01.2023, vide bail order passed in Criminal Misc. Bail Application No. 161 of 2023 and case of the applicant is at par with co-accused Rashid.
Learned counsel for the applicant further submits that although applicant having criminal history of two cases of the year 2011 and 2014 and these two cases were also of Cow Slaughter Act, but in these cases also, applicant was implicated falsely and in both these cases, applicant is on bail. He further submits that in the present matter, the applicant is in jail since 09.12.2022.
Per contra, learned AGA although opposed the prayer for bail and submitted that apart from present case, applicant is also having criminal history of two other cases of Cow Slaughter Act but could
not dispute that both the cases were of the year 2011 and 2014 and co-accused Rashid has already been released on bail and the case of the applicant is at par with co-accused Rashid.
I have heard learned counsel for the parties and perused the record of the case.
According to prosecution case, applicant and two others were apprehended and from their possession 40 k.g. beef was recovered. There is no allegation of slaughtering and only allegation is of transportation and co-accused Rashid has been released on bail by this Court and case of the applicant is at par with co-accused Rashid. Although applicant is having criminal history of two cases of Cow Slaughter Act but it appears that these cases were of the year 2011 and 2014 and there is no criminal history of the applicant after 2014 except the instant one.
In view of the facts and circumstances of the case, in my view, applicant is entitled to be enlarged on bail.
In the light of discussions made above, without expressing any opinion on the merits of the case, the instant bail application is allowed .
Let the applicant- Ali Husain @ Ali Hasan 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:-
(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.
(ii) The applicant 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.
(iii) The applicant shall not indulge in any criminal and anti-social activity.
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 applicant.
Order Date :- 6.2.2023 Shafique
Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to be released on bail in a case involving transportation of beef under the U.P. Prevention of Cow Slaughter Act, 1955.
1 provisions across 1 enactments
Ali Husain @ Ali Hasan
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
