Court No. - 84

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 956 of

2023

Applicant :- Asim Quraishi And Another

Opposite Party :- State of U.P.

Counsel for Applicant :- D.M.Tripathi

Counsel for Opposite Party :- G.A.

Hon'ble Sameer Jain,J.

Heard Sri D.M. Tripathi, learned counsel for the applicants and

Sri Suresh Bahadur Singh, learned A.G.A.-I^st for the State-

respondent.

The instant application has been filed seeking release of

applicants on bail in Case Crime No. 328 of 2022, under

Sections 3/5/8 of the Prevention of Cow Slaughter Act, Police

Station Mainather, District Moradabad, during pendency of the

trial in the court below.

According to the prosecution case, from the shop of applicants

35kg cattle meat along with skin of cattle were recovered.

Learned counsel for the applicants submitted that the entire

allegations made against the applicants are totally false and

baseless and applicants are having license to sell raw buffalo

meat and no recovery of beef as alleged in the first information

report, was made from the applicants' shop. He further

submitted that applicant no. 1 is having criminal history of one

case but he explained the criminal history in paragraph no. 11

of the affidavit filed in support of the present bail application

and applicant no. 2 is not having any criminal history. He

further submitted that in the present matter, applicants are in jail

since 07.11.2022.

Per contra, learned A.G.A. opposed the prayer for bail and

submitted that from the shop of applicants, 35kg beef was

recovered and applicants have not appended any license.

I have heard learned counsel for the parties and perused the

record of the case.

Although it is alleged that 35kg beef was recovered from the

shop of applicants but as per the arguments advanced by

learned counsel for applicants, they are having license to sell

buffalo meat and no beef was recovered from their shop.

Applicant no. 1 is having criminal history of one case but he

explained the criminal history in paragraph no. 11 of the

affidavit filed in support of the present bail application and

applicant no. 2 is not having any criminal history.

In the light of discussions made above, without expressing any

opinion on the merits of the case, the instant bail application is

allowed.

Let the applicants- Asim Quraishi and Aqib Quraishi be

released on bail in the aforesaid case on furnishing a personal

bond and two sureties each in the like amount to the satisfaction

of the court concerned with the following conditions:-

(i) The applicants shall appear before the trial court on the dates

fixed, unless their personal presence are exempted.

(ii) The applicants shall not directly or indirectly, make

inducement, threat or promise to any person acquainted with the

facts of the case so as to dissuade him from disclosing such

facts to the Court or any police officer or tamper with the

evidence.

(iii) The applicants shall not indulge in any criminal and anti-

social activity.

In case of breach of any of the above conditions, the

prosecution will be at liberty to move an application before this

Court for cancellation of the bail of applicants.

Order Date :- 10.2.2023

Aditya

Digitally signed by :-

ADITYA KUSHWAHA

High Court of Judicature at Allahabad