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2023 Supreme(Online)(ALL) 5678
ALLAHABAD HIGH COURT
DHEERAJ PASWAN AND ANOTHER – Appellant
Versus
State – Respondent
BAIL/57947/2022
Accused is entitled to bail if there is no incriminating material recovered from him and he is not a flight risk.
Headnote:
BAIL - U.P. PREVENTION OF COW SLAUGHTER ACT - SECTION 3/5A/8 - NO COW MEAT RECOVERED - LIVE STOCKS RECOVERED - APPLICANTS ARE AGRICULTURISTS - NO CRIMINAL HISTORY - NOT A FLIGHT RISK - BAIL GRANTED
Fact of the Case:
The applicants were arrested and charged under Sections 3/5A/8 of the U.P. Prevention of Cow Slaughter Act. The prosecution alleged that the applicants were involved in cow slaughter. However, no cow meat was recovered from the applicants. Two live stocks were recovered from the applicants, who claimed to be agriculturists who use the live stocks in their agricultural activities. The applicants had no criminal history apart from this case and were not a flight risk.
Finding of the Court:
The court found that the applicants were entitled to bail as there was no cow meat recovered from them and they were not a flight risk. The court also noted that the applicants were agriculturists who use the live stocks in their agricultural activities and had no criminal history apart from this case.
Issues: Whether the applicants were entitled to bail under Sections 3/5A/8 of the U.P. Prevention of Cow Slaughter Act.
Ratio Decidendi: The court held that the applicants were entitled to bail as there was no cow meat recovered from them and they were not a flight risk. The court also noted that the applicants were agriculturists who use the live stocks in their agricultural activities and had no criminal history apart from this case.
Final Decision: The court allowed the bail application and directed that the applicants be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below.
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57947 of
2022
Applicant :- Dhanraj Paswan And Another
Opposite Party :- State of U.P.
Counsel for Applicant :- Girish Kumar Gupta,Santosh Kumar
Sharma
Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of the the bail application the
applicants have prayed to be enlarged on
bail in Case Crime No. 208 of 2022 at
Police Station- Chakiya, District- Chandauli
under Sections 3/5A/8 U.P. Prevention of
Cow Slaughter Act. The applicants are in
jail since 16.11.2022.
The bail application of the applicants was
rejected by the learned trial court on
25.11.2022.
The following arguments made by Shri
Santosh Kumar Sharma learned counsel on
behalf of the applicants, which could not
be satisfactorily refuted by Shri
Markandey Singh, learned AGA from the
record, entitle the applicants for grant of
bail:
(1). No cow meat has been recovered from
the applicants.
(2). Two live stocks were recovered from
the applicants.
(2). The applicants are an agriculturist who
use the live stocks in their agricultural
activities.
(4). The applicants do not have any
criminal history apart from this case.
(5). The applicants are not a flight risk.
The applicants being a law abiding citizen
have always cooperated with the
investigation and undertake to cooperate
with the court proceedings. There is no
possibility of his influencing witnesses,
tampering with the evidence or
reoffending.
In the light of the preceding discussion and
without making any observations on the
merits of the case, the bail application is
allowed.
Let the applicants- Dhanraj Paswan and
Jaiprakash Paswan be released on bail in
the aforesaid case crime number, on
furnishing a personal bond and two
sureties each in the like amount to the
satisfaction of the court below. The
following conditions be imposed in the
interest of justice:-
(i) The applicant will not tamper with the
evidence or influence any witness during
the trial.
(ii) The applicant will appear before the
trial court on the date fixed, unless
personal presence is exempted.
Computer section is directed to correct the
cause title as depicted in the memo of bail
application.
Order Date :- 11.1.2023
Pravin
Digitally signed by :-
PRAVIN VERMA
High Court of Judicature at Allahabad
