The court granted bail to the applicant, Mohd Asif, who was falsely implicated and had no criminal history, establishing parity with a co-accused already released on bail by the same court for an offence under the Cow Slaughter Act.
Released on bail subject to providing a personal bond and two sureties each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9014 of 2019 Applicant :- Mohd Asif Opposite Party :- State Of U.P. Counsel for Applicant :- Mohammad Abid Ali Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Certified copy of the First Information Report filed today in Court is taken on record.
Heard Sri Mohammad Abid Ali, 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 Baoori @ Sameer, has been granted bail by this Court vide order dated 28.2.2019 passed in, in Crl. Misc. Bail Application No. 8749 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 10.1.2019.
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- Mohd. Asif, be released on bail in Case Crime No.18 of 2019, under Sections 3/5/8 of Cow Slaughter Act, Police Station- Ushait, District- Badaun, 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 :- 1.3.2019/ssm
2 issues framed by the court
Whether the applicant is entitled to bail on the ground of parity with a co-accused who has already been granted bail.
Whether the applicant has any criminal history affecting the bail grant.
1 provisions across 1 enactments
Mohd Asif
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
