The Allahabad High Court recently granted bail to a man who allegedly sold sugarcane juice adulterated with beef in Bareilly district of Uttar Pradesh.
The accused, namely Fuzail, had been booked under Sections 323, 504, 295-A of the Indian Penal Code (IPC) and Section 3, 5 of U.P. Prevention of Cow Slaughter Act, 1955 and was in jail since November 30, 2022.
A single judge bench of Justice Deepak Verma granted bail to Fuzail taking the entire facts and circumstances of the case into consideration along with the nature of the offence, evidence and his complicity in the crime.
Pressing for Fuzail’s bail, his counsel had argued that the entire matter pertained to a dispute that had taken place because of an issue with payment, however, the informant implicated Fuzail in the present case on a concocted story.
He stated that Fuzail was engaged in selling sugarcane juice and when the dispute over the payment arose, the informant implicated him falsely in the present case and lodged an FIR that he was selling juice mixed with beef.
He further submitted that there was no Chemical Analyst’s Report (FSL Report) of the alleged incident, which could prove the prosecution’s story. “Hence, no offence under the alleged sections is made out”, he had contended.
Apart from that, the counsel had assured the court that if Fuzail is released on bail, he will not misuse the liberty of bail and co-operate in the trial.
The court said: “…without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.”
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