Allahabad High Court
Habib And Another vs State Of U.P. on 16 April, 2013
Bench: Vinay Kumar Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 19
Case :- BAIL No. - 2235 of 2013
Petitioner :- Habib And Another
Respondent :- State Of U.P.
Petitioner Counsel :- Saif Warsi,S.M. Abuzar Zaidi
Respondent Counsel :- Govt.Advocate
Hon'ble Vinay Kumar Mathur,J.
Heard learned counsel for the applicants, learned A.G.A. and perused the record.
The applicants, Habib and Aqueel, are involved in Case Crime No. 38 of 2013, under section 3/5/8 Prevention of Cow Slaughter Act, Police Station-Laherpur, District-Sitapur.
It is alleged that 17 quintals of cow meat was being carried in Tata 407 No. U.P. 30 T 2258. The police party on the basis of the information, followed the truck on a motorcycle. The driver of the truck managed to escape. Three other persons also jumped down and tried to escape. It is alleged that applicant, Habib made an attempt to escape and jumped down from the roof of a nearby house and sustained injuries. The other applicant, Aqueel was arrested from the truck itself and other co-accused managed to escape.
Learned counsel for the applicants has submitted that the applicants have been falsely implicated and they have no past criminal record. The offences are triable by the court of Magistrate. Further submission is that the incident allegedly took place in January, 2013 and it has come that the arrest was affected at 11.50 p.m. However, the meat was buried near the place of alleged recovery. The entire prosecution story appears to be improbable and no recovery has been made from the applicants.
Learned A.G.A. has opposed the bail application and has contended that the recovery of 17 quintals of cow meat was made from the applicants and the sample was sent for analysis and it has been confirmed that the recovered meat belongs to cow and its progeny.
Considering the facts and circumstances and also taking note of the fact that the applicants have no past criminal record and they are in jail for a period of more than three months and the offences are triable by the court of Magistrate, therefore, without entering into the merits of the case, a case for bail is made out.
Let the applicants, Habib and Aqueel, be released on bail on their furnishing a personal bond with two heavy sureties in the like amount to the satisfaction of the court concerned and also subject to the following conditions :-
1. That the applicants will not indulge in any criminal activity during the pendency of the trial.
2. The applicants will regularly attend the court and will not delay the proceedings.
3. The applicants will not tamper or influence any prosecution witnesses.
In case of breach of any of the conditions, the court below will be at liberty to cancel the bail of the applicants without making any reference to this court.
Order Date :- 16.4.2013
AKS
