Javed v. State of U.P. Thru. Prin. Secy. Home, Lucknow

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12645 of 2023 Applicant :- Javed Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lucknow Counsel for Applicant :- Anurag Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Anurag Singh, the learned counsel for the applicant as well as Sri Arpit Kumar, the learned A.G.A. for the State and perused the record.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 316 of 2023, under Section 3/5/8 of Uttar Pradesh Prevention of Cow Slaughter Act, 1955, registered at Police Station Imliya Sultanpur, District Sitapur.

¶3The aforesaid case has been registered on the basis of F.I.R. lodged on

09.09.2023 against two persons including the applicant, stating that on the basis of information received from a mukhbir, a motorcycle and a car have intercepted. The applicant was riding a motorcycle and Rs. 4500/-, two knifes and a banka were recovered from his possession. The car was being driven by a co-accused Nafees and Rs. 2500/- were recovered from his possession and four bags of flesh were recovered from the car. The F.I.R states that the accused persons had confessed having slaughter a cow progeny in the night of

31.08.2023.

¶4The F.I.R does not mention the quantity of the flesh recovered.

¶5In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.

¶6The learned A.G.A. has opposed the prayer of the bail, but he could not dispute the aforesaid aspects of the matter.

¶7Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is said to be riding a motorcycle and no flesh of cow progeny was recovered form his possession; the F.I.R does not mention the weight of flesh recovered from the car; the F.I.R mentions confession of the accused persons regarding having slaughtered a cow progeny on 31.08.2023 whereas the recovery was made on 09.09.2023, coupled with the fact that the applicant has no criminal history and he is languishing in jail since

09.09.2023 and without making any observations which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Javed be released on bail in the aforesaid case, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: -

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. (Subhash Vidyarthi,J.) Order Date :- 28.10.2023 Preeti. High Court of Judicature at Allahabad, Lucknow Bench