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2015 Supreme(All) 3281

SUDHIR KUMAR SAXENA
Imtiyaz – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Sumit K. Srivastava, Gulam Rabbani, Rajiva Dubey, Abdul Fazal Jaffrey, Dhirendra Pratap Singh, Prateek Kumar Srivastava, Sunil Kumar Singh, Nadeem Murtaza, Ramakar Shukla, Mayank Pandey, Jalaj Kumar Gupta, Abdul Samad, Rajwant Singh, Rajiv Kumar Bajpai, Rajiv Kumar Bajpai,Ajay Singh,Sunita Misra, Bajhul Quamar Siddiqui, Kuldeep Kumar Awasthi,Azmi Yousuf, Rajneesh Dixit,Manoj Kumar Misra, Alok Kumar Mishra, Jalaj Kumar Gupta, Jalaj Kumar Gupta, Suresh Kumar Upadhyay, Mohd. Ayub.
For the Respondent:Govt.Advocate.

JUDGMENT

Sudhir Kumar Saxena, J.

1. This batch of bail applications has been filed seeking release of the accused persons challaned mainly under the Uttar Pradesh Prevention of Cow Slaughter Act, 1955 ('Act' in short).

2. Smt. Madhulika Yadav, learned Additional Government Advocate has strongly opposed the bail and contended that cow slaughtering leads to acrimony between various groups of society. It has also resulted into riot like situations which poses serious problem for law and order before the State. She further submitted that due to above reason, State had to apply U.P. Gangster Act against some of the applicants. She has placed the provisions of U.P. Prevention of Cow Slaughter Act, 1955, Prevention of Cruelty to Animals Act, 1960, U.P. Goshala Adhiniyam, 1964 and U.P. Go-Sewa Ayog Adhiniyam, 1999, apart from some judgments in support of her arguments.

3. On the other hand, counsels appearing for accused persons, namely, Messers Sumit K. Srivastava, Rajiva Dubey, Nadeem Murtaza, Abdul Samad, Dhirendra Pratap Singh, have emphasized that applicants have been falsely implicated. In fact, Act is being misused against innocent persons. Their submission is that whenever any meat

































































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