ALLAUDDIN ALIAS ALADEEN Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the applicant and learned Additional Government Advocate. Gone through the F.I.R, the bail rejection order and the counter and rejoinder affidavits exchanged between the parties. It is submitted by learned counsel for the applicants that offence under Section 3/5/8 of the U.P. Prevention of Cow Slaughter Act is triable by Magistrate. It is also submitted that the applicant was not arrested from the spot nor anything incriminating has been recovered from his possession and, therefore, his case is distinguishable from the case of co-accused Motey, who is said to have been arrested on the spot. It is also submitted that against the applicant No. 1 Allauddin alias Aladeen there are only two cases which include the present case also and against applicant no. 2 Bhurra alias Karimuddin there is only one case, i.e. the present case. It is further submitted that applicant no. 1 has been released on bail in the earlier case. Learned counsel further submitted that the applicants are in jail since 20th January 2009. In view of the above facts and circumstances and without entering into the merits of the case and particularly with regard to the fact that the case of accused applicants is distinguishable from the case of co-accused Motey, I am of the view that the applicants may be released on bail. Let applicants Allauddin alias Aladeen and Bhurra alias Karimuddin involved in case crime no. 215 of 2008 under Sections 3/5/8 of the U.P. Prevention of Cow Slaughter Act and 3 (I) of the U.P. Gangsters and Anti Social Activities (Prevention)Act of Police station Khargupur, 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 Magistrate concerned.