Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35243 of 2021 Applicant :- Saleem Alias Kaliya Opposite Party :- State of U.P.
Counsel for Applicant :- Rakesh Pati Tiwari,Ramesh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during the pendency of trial in Case Crime No. 412 of 2021, under Sections 379 IPC and Section 3/8 of UP Prevention of Cow Slaughter Act, 1955, P.S. Bhojipura, District Bareilly.
As per prosecution case, complainant lodged an FIR against two named and one unknown person alleging therein that on 01.08.2021 at night 2-3 a.m., cow of the complainant is said to have been stolen by someone and when he woke up in the morning, he saw that his cow is not tied to his peg. The complainant along with son went in search of his cow in the vicinity of the village and near by fields and during search, they found some peaces of his cow in the field of one Nause and it is suspected that named accused persons and his friend have stolen his cow and slaughtered.
It is contended by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is contended that the applicant is not named in the FIR. His name was disclosed during investigation on 3.08.2021 when he was arrested and confessed before the police. There is no public witness of the incident. It is further submitted that after the arrest of the applicant, he has been implicated in two other cases; being Case Crime No. 373 of 2021, under Section 3/5/8 of Cow Slaughter Act and, second being Case Crime No.413 of 2021, under Section 3/25 of Arms Act and prior to this two other cases are said to have been pending, (i) Case Crime No. 395 of 2015, under Section 3/5/8 of Cow Slaughter Act, in which the applicant is on bail by this Court and another being Case Crime No. 191 of 2017, under Section 3/5/8 of Cow Slaughter Act, in which the applicant is on bail by lower court. Applicant is in jail since 03.08.2021. It is further submitted that the applicant has not committed any offence and only on the ground of suspicion the police has made him accused in this case.
On the other hand, learned A.G.A. opposes the application for bail. He submits that during investigation the applicant and other co accused persons were arrested and from their joint possession, weapons, used in the alleged offence, are said to have been recovered. It is further submitted that there is long drawn criminal history of six cases of similar nature against the applicant and there is every likelihood that in case the applicant is allowed bail, he would further repeat the similar nature crime. In support of his argument, learned AGA relied upon the order of this Court passed in Criminal Misc Bail Application Nos. 22400 of 2021 (Javed Vs State of UP) decided on 01.09.2021, wherein this Court had denied bail to one Javed considering the fact that it was not his first crime and looking to the fact he has been engaged in cow slaughter earlier too, which may led to social discord and could cause further tension, if released on bail.
Considering the facts and circumstances of the case, without prejudice to the merits or demerits of the case, and the criminal history of applicant as has come on record, whcih reflects that applicant is a habitual offender, the bail application is liable to be rejected and is hereby rejected.
Order Date :- 23.9.2021/RavindraKSingh