LAWS(ALL)-2009-5-128

RAIESH AHAMAD Vs. STATE OF U P

Decided On May 19, 2009
RAIESH AHAMAD Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) HEARD learned counsel for the applicants and learned Additional Government Advocate. Gone through the F.I.R., the bail rejection order and the gang chart of the applicant annexed as Annexure-4 to the application. The applicants are alleged to have been apprehended while they were taking a cow for slaughter. From their possession, knives were also recovered. Submission of learned counsel for the applicants is that simply because the applicants were carrying cow,it cannot be said that they committed offence under Section 3/5/8 of the U.P. Prevention of Cow Slaughter Act and Section 3 (1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act. It is submitted that no meat of cow has been recovered from their possession and merely on apprehension, the applicants have been roped in the present case. It is further stated that the applicants are in jail since 20.02.2009. Having considered the entire facts and circumstances of the case and the severity of punishment, I am of the view that the applicants are entitled to be enlarged on bail. Let applicants Raiesh Ahamad and Nishar involved in crime no. 80 of 2009 under Sections 41/411 & 379 IPC, Section 3/5/8 of the U.P. Prevention of Cow Slaughter Act and Section 3 (1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 of P.S. Katra Bazar, district Gonda be released on bail on each of them furnishing a personal bond and two sureties each in the like amount to the satisfaction of the learned Special Judge concerned.