Court No. - 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59765

of 2022

Applicant :- Shahid @ Shahida And 2 Others

Opposite Party :- State Of U.P. Through Its Secretary

Counsel for Applicant :- Aqueel Ahmad

Counsel for Opposite Party :- G.A.

Hon'ble Ajay Bhanot,J.

By means of this bail application the applicant has

prayed to be enlarged on bail in Case Crime No. 408 of

2022 at Police Station Tappal, District Aligarh under

Sections 3/5/8 Cow Slaughter Act. The applicant is in

jail since 04.11.2022.

The bail application of the applicant was rejected by

learned trial court on 23.11.2022.

The following arguments made by Shri Aqueel Ahmad,

learned counsel on behalf of the applicant, which could

not be satisfactorily refuted by Shri Chandan Agrawal,

learned AGA from the record, entitle the applicants for

grant of bail:

(1). No prohibited cow meat was recovered from the

applicants.

(2). The meat was planted on the applicants to frame

them in the instant case to burnish the credentials of the

police investigators.

(3). There is no independent witness to the recovery.

(4). Prosecution evidence does not connect the

applicants with the offence.

(5). The applicants have explained his criminal history.

It is also contended that the applicants belong to the

economically poor strata of the society and are

convenient scapegoat for the police authorities. The

applicants have been falsely nominated in a number of

cases only to show the proficiency of the police

investigators. The said cases do not have any bearing on

the instant bail application.

(7). The applicants are not a flight risk. The applicants

being law abiding citizen have always cooperated with

the investigation and undertakes to cooperate with the

court proceedings. There is no possibility of their

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- Shahid @ Shahida, Shahzad, Aleem @

Kale 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 applicants will not tamper with the evidence or

influence any witness during the trial.

(ii) The applicants will appear before the trial court on

the date fixed, unless personal presence is exempted.

Order Date :- 19.1.2023

Dhananjai

Digitally signed by :-

DHANANJAI

High Court of Judicature at Allahabad