Aashu v. State of U.P.

Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5117 of 2019 Applicant :- Aashu Opposite Party :- State Of U.P. Counsel for Applicant :- Mohammad Belal Counsel for Opposite Party :- G.A.

Hon'ble Vivek Kumar Singh,J.

Heard Sri Mohammad Belal, 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 persons namely Gulzar, Jameel, Nafees and Waseem have been granted bail by co-ordinate Benches and by this Court on 26.10.2018, 1.11.2018,13.11.2018 and 7.12.2018 passed in Crl. Misc. Bail Application No. 30752, 31847, 42793 46976 of 2018 respectively, Copies of the said order have been annexed as Annexure-2 and 3 to the affidavit filed in support of bail application 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 8.1.2019.

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 Aashu, be released on bail in Case Crime No. 380 of 2018, under Sections 3/5/8 of Cow Slaughter Act, Police Station- Pilkhuwa, District- Hapur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-