Akbar vs State of U.P.

Rajesh Dayal Khare, J.—Heard learned Counsel for the applicant and learned A.G.A. for State.

The present bail application has been filed by the applicant with a prayer to enlarge the applicant on bail in Case Crime No. 765 of 2010, under Sections 3/5/8 of U.P. Cow Slaughter Act, Police Station Budhana, District Muzaffar Nagar.

It is contended by learned Counsel for the applicant that according to the prosecution 50 Kg. of cow meat was recovered from the car in which the applicant was traveling and the owner of the said car fled away from the spot. It is further contended on behalf of the applicant that in fact no recovery was made from the applicant nor is there any allegation against the applicant with regard to the cow slaughtering nor any cutting or incriminating articles were recovered from the possession of the applicant. It is further argued that there is no independent witness of the alleged recovery. It is further contended that the applicant has been falsely implicated and that he has no criminal history. It is further argued on behalf of the applicant that the applicant is in jail since 19.8.2010. It is further argued that if the applicant is enlarged on bail, he shall not misuse the liberty of bail.

Learned Counsel for the applicant has placed reliance upon the judgment of this Court reported in Oriental Fire and General Insurance Co. Ltd. Vs. Rabari Gandu Punja, in the matter of Mohd. Yunus v. State of U.P. and has argued that mere possession of cow meat is no offence when, in fact, the alleged recovery was made from the car in which the applicant was traveling and the car owner fled away, therefore, the applicant has been falsely implicated.

Learned A.G.A. has contended that the applicant is involved in the aforesaid offence and he does not deserve to be enlarged on bail.

Considering the facts and circumstances of the case as well as submissions made by learned Counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant, Akbar, involved in Case Crime No. 765 of 2010, under Sections 3/5/8 of U.P. Cow Slaughter Act, Police Station Budhana, District Muzaffar Nagar, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:

The applicant shall not tamper the prosecution evidence;

2.The applicant shall not pressurize the prosecution witnesses.

3.The applicant shall appear on each and every date fixed by the trial court.

In case of any default of any of the conditions enumerated above, the bail granted to the applicant shall automatically be cancelled.