In Criminal Misc. Bail Application No. 7575 of 2023, the Allahabad High Court, through a Single Bench, allowed the bail of the applicant, Nabi Ahmad, in a case under the U.P. Prevention of Cow Slaughter Act, 1955.
The applicant was released on bail on personal bond and two sureties, subject to conditions regarding witness tampering and cooperation in trial.
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Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7575 of 2023
Applicant :- Nabi Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Yadav,Kumar Vinay Singh Counsel for Opposite Party :- G.A.
Hon'ble Vinod Diwakar,J.
Heard learned counsel for the applicant and learned A.G.A. on behalf of State and perused the record.
The instant bail application has been filed on behalf of the applicant, with a prayer to release him on bail in Case Crime No. 20 of 2023, under Sections 3/5/8 U.P. Prevention of Cow Slaughter Act, 1955 at Police Station Puramufti, District Prayagraj, during pendency of trial.
It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant further submits that applicant has been arrested by the police on 21.01.2023 on the allegation of cow slaughtering. He further submits that a country made pistol has also been recovered from the possession of the applicant. He next submits that applicant is a young boy aged about 24 years. He further submits that applicant has no previous criminal history as mentioned in para 7 of the bail application and he is languishing in jail since 23.01.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA has opposed the prayer for bail and submits that applicant is involved in aforesaid offence and a country made pistol has also been recovered from his possession, hence, therefore the applicant is not entitled to be released on bail and case of the applicant is still under investigation.
Having heard the learned counsel for the parties and after perusal of record, I find that applicant is a young boy aged about 24 years; the applicant has no previous criminal history; the applicant is the only bread earner of his family; it may take some time to conclude the trial. Therefore, there is no point of
keeping the applicant in jail during the pendency of the trial. Therefore, the bail application is allowed.
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.
Let the applicant, Nabi Ahmad be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
Order Date :- 17.2.2023
Ujjawal
Digitally signed by :- UJJAWAL PARJAPATI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the young, first-time offender applicant Nabi Ahmad is entitled to bail in a cattle slaughter case considering his role as sole breadwinner.
Nabi Ahmad
Vinod Diwakar
As recorded by the court registry
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