Research › Search › Judgment

Allahabad High Court · body

2013 DIGILAW 1668 (ALL)

Md. Asif v. State of U. P.

2013-06-24

HET SINGH YADAV

body2013
Het Singh Yadav, J.— The applicant, who alleged to have been involved in the Case Crime No. 81 of 2013 under Section 3/5/8 U.P. Prevention of Cow Slaughter Act, Police Station-Charthawal, District-Muzaffarnagar, has moved this application to enlarge him on bail Heard learned counsel for the applicant, learned A.G.A. and perused the record. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case by the police showing recovery of 8 quinttals beef from the vehicle which was driven by the applicant. There is no credible prima facie evidence showing that the applicant was involved in the alleged slaughtering of the cows. There is no public witness of the alleged recovery nor there is any evidence showing involvement of the applicant in the alleged slaughtering of the cows. Therefore, the applicant, who is in jail since 17.3.2013 deserves to be enlarged on bail. Learned A.G.A. strongly repudiates the submission of the learned counsel for the applicant made above and contended that the applicant was found carrying about 8 quintalls of beef in a vehicle and he was caught red handed and therefore, the bail application is liable to be rejected. Having given my thoughtful considerations to the points pertaining to the nature of accusation, prima facie satisfaction regarding proposed evidence and severity of punishment raised as above by the learned counsel of both the sides and on perusal of record, I am of the view that the applicant deserves to be enlarged on bail for the following reasons: (a) There is no public witness of the alleged recovery. (b) There is no evidence showing that the applicant was himself involved in the slaughtering of the cow. Let applicant-Md. Asif involved in the Case Crime No. 81 of 2013 under Section 3/5/8 U.P. Prevention of Cow Slaughter Act, Police Station-Charthawal, District-Muzaffarnagar be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions that: (i) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the Court or to any other authority. (ii) The applicant shall remain present before the Court on the dates fixed for hearing in the case and will co-operate in the trial. (ii) The applicant shall remain present before the Court on the dates fixed for hearing in the case and will co-operate in the trial. In case of unavoidable circumstances for remaining absent, he shall immediately give intimation to the court concerned through counsel and request be made to the trial court that he may be permitted to be present through counsel. Deviation of any of the above conditions shall entertain cancellation of bail. The trial court shall decide the case expeditiously uninfluenced by the observations made herein above by this Court. _____________