The Allahabad High Court has granted bail to a person accused of selling beef. The court has also imposed condition on applicant that he will deposit Rs.35,000/- in the account of U.P. Gau Sewa Ayog within a period of four weeks from the date of his release.
The accused-applicant shall deposit Rs. 35,000/- in the account of U.P. Gau Sewa Ayog within a period of four weeks from the date of his release and shall submit the receipt of deposition of Rs. 35,000/- with the trial court. In case of failure to submit the receipt of deposit with the trial court, his bail shall be treated to have been cancelled automatically and he shall be taken into custody.
This order has given by the Bench of Justice Dinesh Kumar Singh while hearing an application filed under Section 439 Cr.P.C. seeking bail in FIR No. 286 of 2020, under Section 379 IPC and Section 3/5/8 of U.P. Prevention of Cow Slaughter Act.
It was alleged that from the possession of the accused-applicant and his brother Amir, 400 Kg beef was recovered with body parts of the progeny of cow. The Counsel on behalf of *the accused-applicant has summited before the court that Amir was determined to be juvenile and in appeal, learned Sessions Court has granted bail to him.
He further submits that accused-applicant has been falsely implicated in the offence. Accused-applicant and his brother are not in the business of selling meat. He also submits that there is no public witness of the recovery and, even the statement of the owner of Orchard where the recovery was made allegedly from the possession of the accused- applicant, has not been recorded.
He further submits that there is no criminal antecedents of the accused-applicant On the other hand, the AGA opposed the prayer for bail and submitted that recovery of 400 Kg beef from the possession of the accused-applicant couldn't be said to be a false recovery.
He argued that the body parts of the progeny of cow were also recovered from the possession of the accused-applicant.
The court observed that,
“The accused-applicant is in jail since 1.9.2020 and admittedly he has no criminal antecedents except for this case. His brother who has been determined to be juvenile, has already been granted bail by the session court.”
Considering the above facts and circumstances of the case, coupled with the contentions raised by the learned counsel for both sides, and without entering into the merit of the case, the court held that the applicant is entitled to be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the given conditions.
CASE DETAILS
Case: - BAIL No. - 7811 of 2020
Applicant: - Asif
Opposite Party: - State of U.P.
Counsel for Applicant: - Mukesh Kumar Tiwari
Counsel for Opposite Party: - G.A.
Quorum: Justice Dinesh Kumar Singh
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