LAWS(ALL)-2022-9-85

SALMAN Vs. STATE OF U.P.

Decided On September 15, 2022
Salman Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard over bail application moved by the applicant, Salman, in Case Crime No.396 of 2022, under Ss. -3/5-A/8 Cow Slaughter Act and Sec. 11 Prevention of Cruelty to Animals Act, Police Station-Kasya, District-Kushi Nagar.

(2.) Heard learned counsel for the applicant and learned A.G.A. representing the State. Perused the record.

(3.) Learned counsel for the applicant argued that the applicant is innocent; he has been falsely implicated in the present case crime number and is languishing in jail since 24/5/2022; applicant is named in the present F.I.R.; applicant is a poor man and cleaner of the recovered truck and no any cutting instrument/weapon has been recovered from the possession of the applicant; it is further submitted that neither the applicant is owner of the recovered 27 alive prohibited animals nor the owner of the recovered alleged truck; there is no any independent or public witness of the alleged recovery; no offence is made out against the applicant as alleged in the F.I.R.; learned counsel for the applicant further submitted that co-accused, namely, Mohd. Parvez, has already been granted bail by this Court vide order dtd. 12/9/2022 passed in Criminal Misc. Bail Application No.35369 of 2022, a copy of the said order has been produced in the Court today, which is taken on record; therefore, the applicant is also entitled to bail on the ground of parity; there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case of release on bail; hence bail has been prayed for.