Salman Vs State of U.P.

Court No. - 23

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6437 of 2023

Applicant :- Salman Opposite Party :- State of U.P. Counsel for Applicant :- Lakshmi Kant Pandey,Sunil Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Vinod Diwakar,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 273 of 2022, under Sections 3/5-A/8 of the Uttar Pradesh Prevention of Cow Slaughter Act, 1955 and Section 11 of Prevention of Cruelty to Animal Act, 1960, P.S. Gopiganj, District Bhadohi, during pendency of the trial.

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As per prosecution case, applicant along with co-accused persons were transporting 22 live cows and four dead cows in a container to West Bengal and same have been recovered by the police on spot hence, therefore, the applicant has been arrested by the police for committing the aforesaid crime.

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Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the present case. He further submits that complainant is the police officer who had enmity with the applicant and hence, therefore, the applicant has been falsely implicated in this case. He further submits that co-accused persons namely Mohammad Faizan, Imtiyaz and Pappu have been granted bail by co-ordinate Benches of this Court vide orders dated 25.11.2022 and 30.01.2023 passed in Criminal Misc. Bail Application Nos. 52446 of 2022 and 59718 of 2022 respectively. He further submits that applicant was not present at the place of incident and the applicant was picked by the SI Ram Narayan Yadav from his home and his name was subsequently added by the police out of malice. Learned counsel for the applicant further states that witness does not support the case of police and no recovery has been made from pointing out of the applicant. The criminal history of the applicant has been explained in para 13 of the bail application. The applicant is languishing in jail since 28.05.2022 and in case, he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.

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Per contra, learned AGA for the State has opposed the prayer for bail and submits that applicant is involved in committing the aforesaid offence, the applicant is a habitual criminal and involved in as many as nine cases, including offences registered under Excise Act, NDPS Act and offences against human body and properties. Learned AGA states that applicant is a desperate criminal and commits crime after getting bail from the court. Learned AGA further submits that case of applicant is on different footing qua the case of other accused persons hence, therefore, the ground of parity shall not be applicable in the present case.

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From perusal of the FIR and criminal history of the accused applicant, I find that the applicant is habitual offender and involved in cases like NDPS Act, Excise Act and other offences of Indian Penal Code. It is admitted position that the applicant is involved in nine other cases as well. Hence, therefore, considering the gravity of offences, conduct of the applicant having involved in heinous offence and period undergone by the applicant. I do not find it a fit case for grant of bail at this stage.

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Observation made by this Court while deciding the present bail application are prima facie in nature and shall have no bearing on the trial of the case.

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Accordingly, the bail application is rejected .

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Order Date :- 9.2.2023 Ujjawal

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Digitally signed by :- UJJAWAL PARJAPATI High Court of Judicature at Allahabad

Salman v. State of U.P.

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Salman v. State of U.P.

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