Jubair v. State of U.P.

Court No. - 75

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38422 of 2019

Applicant :- Jubair Opposite Party :- State Of U.P. Counsel for Applicant :- Shiv Sharan Tripathi Counsel for Opposite Party :- G.A.

Hon'ble Rajendra Kumar-IV,J.

Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.

Accused-applicant, involved in Case Crime No.96 of 2019, under Section 3/5/8 Cow Slaughter Act, Police Station Chharra, District Aligarh, applied for bail.

Learned counsel for the applicant submits that applicant has been falsely implicated in the present case on account of enmity for the purpose of harassment. Applicant committed no offence. A false and fabricated story has been set up by the police. Alleged recovery is false and fake. He further submitted that the co-accused Akhtar has been granted bail by this Court vide order dated 17.9.2019 in Criminal Misc. Bail Application No. 30970 of 2019 and the case of the applicant stands of identical footing, hence the applicant is also entitled for bail on the ground of parity. Applicant is in jail since 24.6.2019. It is further submitted that there is no possibility of the applicant fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant and submitted that 2.5 quental bovine meat has been recovered from the joint possession of eleven persons.