Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14890 of 2021 Applicant :- Shaukeen Opposite Party :- State of U.P.
Counsel for Applicant :- Rakesh Kuamr Yadav,Sudhir Kumar Agarwal Counsel for Opposite Party :- G.A.
Hon'ble Ajai Tyagi,J.
Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record.
This bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.59 of 2021, under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, Police Station Masoori, District Ghaziabad during the pendency of trial.
It is argued by the learned counsel for the applicant that as per the prosecution case 4 quintal, 55 Kg of beef has been recovered from the possession of the applicant and other co- accused. Applicant is driver of the vehicle no.U.P. 24T-5055 and he has no concern with the alleged recovery. The recovery as shown by the police from the possession of the applicant and other co-accused is not supported by any independent public witness. The possibility of false implication of the applicant cannot be ruled out.
It is further submitted that whenever any meat is recovered, it is normally shown as meat (beef) without getting it examined or analyzed by the Forensic Laboratory. In most of the cases, meat is not sent for analysis. It is further submitted that the Police has falsely implicated the applicant, due to non fulfilment of money. It has also been pointed out that the accused is not having any criminal history and he is in jail since 11.02.2021 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Per contra learned A.G.A. has opposed the bail prayer of the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Shaukeen be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 30.7.2021 P.S.Parihar