Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 83041 (ALL)

SHABBIR @ KHASSI AND ANOTHER v. State of U.P.

BAIL/29518/2024 · 2025-02-26

Rohit Ranjan Agarwal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:26929 Reserved on 24.02.2025 Delivered on 27.02.2025 Court No. - 9 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29518 of 2024 Applicant :- Shabbir @ Khassi And Another Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Pati Tiwari Counsel for Opposite Party :- G.A. Hon'ble Rohit Ranjan Agarwal,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State-respondent. 2. By means of this application, applicant No.1 Shabbir alias Khassi, who is involved in Case Crime No.287 of 2024, under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, 1955, Police Station Bhojipura, District Bareilly, seeks enlargement on bail during the pendency of trial. The applicant No.2 Nadeem alias Bade has already been enlarged on bail by this Court vide order dated 05.11.2024. 3. It is contended on behalf of applicant No.1 that the applicant No.2 has already been enlarged on bail by this Court. He further contends that the applicant No.1 is in jail since 21.06.2024. Learned counsel further submits that eight criminal cases have been registered against the applicant in which he has already been enlarged on bail and if he is released on bail in the present case, he will not misuse the liberty of bail. 4. Learned A.G.A. vehemently opposed the prayer of bail by submitting that the applicant is not entitled to be released on bail as against the another co-accused i.e. applicant No.2, only three criminal cases were registered but against the applicant there are seven other 2 criminal cases have been registered out of which five are under the U.P. Prevention of Cow Slaughter Act. It is also contended that the first case under the Prevention of Cow Slaughter Act against the applicant No.1 was registered in the year 2010 and thereafter in 2012, 2016, 2019, 2022 and thereafter in 2024 cases under the Prevention of Cow Slaughter Act have been registered. According to learned A.G.A., the applicant is habitual offender. 5. I have heard learned counsel for the parties and on perusal of material on record. 6. The criminal history of the applicant as given in the report of DCRB of District Bareilly, which is Annexure 2 to the counter affidavit, is as under; "(i). Case Crime No. 13 of 2019 under Sections 3/5/8 of Prevention of Cow Slaughter Act, P.S.- Bhojipura, District- Bareilly. (ii) Case Crime No. 287 of 2024 under Sections 3/5/8 of Prevention of Cow Slaughter Act, P.S.- Bhojipura, District- Bareilly. (iii) Case Crime No. 322 of 2016 under Sections 3/5/8 of Prevention of Cow Slaughter Act and 11 of Prevention of Cruelty to Animals Act, P.S.- Bhojipura, District- Bareilly. (iv) Case Crime No. 420 of 2016 under Sections 135/138 of Electricity Act, P.S.- Bhojipura, District- Bareilly. (v) Case Crime No. 461 of 2022 under Sections 3/5/8 of Prevention of Cow Slaughter Act, P.S.- Bhojipura, District- Bareilly. (vi) Case Crime No. 15 of 2010 under Sections 3/5/8 of Prevention of Cow Slaughter Act, P.S.- Bhojipura, District- Bareilly. (vii) Case Crime No. 52 of 2024 under Sections 60 of Excise Act, P.S.- Hafizganj, District- Bareilly. (viii) Case Crime No. 89 of 2012 under Sections 3/5A/8 of Prevention of Cow Slaughter Act and 11 of Prevention of Cruelty to Animals Act, P.S.- Faridpur, District- Bareilly." 3 7. Looking to the facts of the case I find that out of the total eight criminal cases registered against the applicant, including the present one, six are under the Prevention of Cow Slaughter Act ranging from 2010 to 2024. Having the applicant been released on bail under the Prevention of Cow Slaughter Act, he has again committed offence and have been charge sheeted under the aforesaid Act. In all the criminal cases, charge sheet has already been filed by the police. 8. Looking into the long criminal history of the applicant No.1 as well as the fact that if the applicant No.1 is enlarged on bail, he would be a threat to the society at large, I do not find it a fit case to enlarge the applicant No.1 on bail. 9. Bail application of applicant No.1 is accordingly rejected. Order Date :-27.2.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad