Jorar Ahmad v. State of U.P

Learned counsel for the applicant submits that allegedly 50 kg of beef is recovered from the applicant while it is not possible to carry out 50 kg of beef on motorcycle, that too along with one more co-passenger on the same motorcycle. The applicant is having no criminal history. No report has been received yet regarding the recovered flesh of being the cow beef. He is languishing in jail since 01.05.2022 and in case he is enlarged on bail he will not misuse the liberty of bail. Hence, bail has been prayed for. Per contra, learned A.G.A. has opposed the bail application and submitted that the applicant has been apprehended from the spot along with 50 kg beef. However, he could not dispute the fact that the applicant is having no criminal history. From the perusal of the record, it is found that on the information of mukhbir, the police apprehended two persons riding on the motorcycle wherein co-rider is said to have made a fire. Admittedly, this fire caused no injury to any of the police personnel. The police has recovered one country made pistol from the applicant. 50 kgs of beef has also been recovered from his possession. It is an admitted fact that till date no report has been received regarding alleged recovered beef of being the cow beef. Having heard the submissions of learned counsel of both the parties, considering the seriousness of the charge and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail. Let the applicant, Jorar Ahmad, who is involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

The applicant will attend and co-operate in the trial pending before the court concerned on the dates fixed after release.

He will not tamper with the witnesses.

He will not indulge himself in any illegal activities during the bail period. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 27.6.2022 Radhika