Allahabad High Court Grants Bail To Man Arrested In Connection With Alleged Recovery Of 200 KG Of Prohibited Flesh

The Allahabad High Court today granted bail to one Sajid @ Kale who was arrested in connection with an alleged recovery of 200 KG of prohibited flesh taking into account the fact that the co-accused, from whom the flesh was recovered, had been granted bail.

The Bench of Justice Mohd. Faiz Alam Khan noted that the criminal history of the applicant had been adequately explained and the offences charged against the applicant are triable by the Magistrate. The Court also noted that he is in jail in this case since November 29, 2021, and the charge sheet had also been filed in the case.

Essentially, the court was dealing with the bail application of the accused/applicant booked and arrested under Section 3/5/8 Cow Slaughter Act. The Counsel for the accused-applicant submitted that the accused-applicant had falsely been implicated in the instant case.

It was further submitted that he had not committed any offence as claimed by the prosecution nor he was arrested from the spot and nothing incriminating had been recovered from his possession or his pointing out.

Significantly, the counsel argued that the name of the applicant had surfaced in the confessional statement of co-accused Vaseem (who has already been granted bail) and who had been arrested with incriminating flesh of 200 KG and other incriminating material.

Having heard the counsel for the parties and having perused the record, the Court noted that it was evident that co-accused persons, namely, Vaseem who was arrested with 200 Kg. prohibited flesh and other incriminating material, had been granted bail by a Coordinate Bench of the Court, and other co-accused Aasif had also been granted the facility of bail.

Thus, keeping in view the nature of the offence, evidence, complicity of the accused, the severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits and demerits of the case, the Court concluded that the applicant had made out a case for bail. In view of this, the applicant was directed to be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned.

Case title - Sajid @ Kale v. State of U.P.
Citation: 2022 LiveLaw (AB) 130

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