Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32847 of 2019 Applicant :- Mulla Shafiq @ Mohd. Shafiq Opposite Party :- State Of U.P.
Counsel for Applicant :- Santosh Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused averments made in the first information report and rejection order.
Learned counsel for the applicant has submitted that the F.I.R. has been lodged by the first informant containing absolutely false and concocted allegations against the applicant. The applicant has not even been named in the first information report. The name of the applicant was disclosed by the accused arrested from the spot from whom 120 Kg of beef was recovered.
Per contra, learned A.G.A. has vehemently opposed the prayer for bail and submitted that the applicant has a criminal history of four cases out of which two cases are under Section 3/5 of Cow Slaughter Act and the applicant is a habitual offender. Therefore, he may not be granted anticipatory bail.
Without expressing any opinion on the merits of the case and considering the submission advanced, the nature and gravity of the accusation, I find no good ground for grant of bail to the applicant- Mulla Shafiq @ Mohd. Shafiq involved in Case Crime No. 165 of 2019, under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, Police Station- Nakhasa, District- Sambhal.
Accordingly, the anticipatory bail application is rejected.
However, the applicant will be at liberty to move regular bail application under section 439 Cr.P.C., if so advised.
Order Date :- 22.8.2019 Vikas