Allowed

Taufiq v. State of U.P.

Allahabad HC14 Mar 2019BAIL/4048/2019

Case brief

AI extract

What is this about?

The Court granted bail to the applicant, Taufiq, relying on the principle of parity with co-accused and the larger mandate of Article 21 via Dataram Singh, without addressing the merits of the case. He is released on a personal bond and two sureties under crimes related to cow slaughter.

What did the court decide?

Released on bail on furnishing a personal bond and two sureties in the like amount.

Taufiq Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4048 of 2019

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Applicant :- Taufiq Opposite Party :- State Of U.P. Counsel for Applicant :- Ram Kumar Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Counter affidavit filed on behalf of State and supplementary affidavit filed on behalf of applicant both are taken on record.

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Heard Sri Ram Kumar Dubey, learned counsel for the applicant, Sri Abhinav Prasad, learned AGA for the State and perused the material brought on record.

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It has been contended by the learned counsel for the applicant that the coaccused Gulwej and Mustafa @ Danish having similar role have been granted bail by this Court vide orders dated 23.01.2019 and 08.02.2019 in Criminal Misc. Bail Application Nos. 3315 of 2019 and 4069 of 2019 a copy of said orders have been produced by the learned counsel for the applicant, which are 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 is in jail since 27.12.2018.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by the learned counsel for the applicant.

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Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.

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Let applicant Taufiq be released on bail in Case Crime No. 0908 of 2018, under Sections 3/8 of U.P. Prevention of Cow Slaughter Act, Police Station- Swar, 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:-

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(i) The applicant will co-operate with the trial 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.

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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.

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Order Date :- 14.3.2019 Arti

Taufiq v. State of U.P.

Case brief

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Taufiq v. State of U.P.

Case brief

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