A criminal court hearing a bail application under the U.P. Prevention of Cow Slaughter Act finds it to be a bail case. The applicant is released on bail with conditions, relying on a coordinate bench order granting bail to a co-accused.
Applicant released on bail with personal bond, two sureties, and four conditions regarding trial cooperation and conduct.
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Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12370 of 2019 Applicant :- Danish Opposite Party :- State Of U.P. Counsel for Applicant :- Ashutosh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Ashutosh, learned counsel for the applicant, Sri Abhinav Prasad learned AGA appearing for the State and perused the material brought on record.
It is contended that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It has been contended by the learned counsel for the applicant that co-accused Rajuwa @ Erfan, having similar role has been granted bail by this Court on27.3.2019 by a Coordinate Bench of this Court in Crl. Misc. Bail Application No. 12308 of 2019, a copy of said order has been produced by the learned counsel for the applicant, which is taken on record and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant has no criminal history. The applicant is in jail since 21.2.2019.
Learned A.G.A. has vehemently opposed the prayer without disputing the fact that co-accused has been granted bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, I find it to be a case of bail.
Let applicant Danish, be released on bail in Case Crime No. 82 of 2019, under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, Police Station- Shahabad, District- Rampur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 3.4.2019 ssm
1 issue framed by the court
Whether bail should be granted to the applicant based on parity with a co-accused who was granted bail by a coordinate bench.
Colour shows how this judgement treated each authority
Crl. Misc. Bail Application No. 12308 of 2019Referred¶4
1 provisions across 1 enactments
Danish
State Of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Vivek Kumar Singh
Parties & counsel
