Naushad v. State of U.P.

Court No. - 44

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8356 of 2021

Applicant :- Naushad Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Singh,Pratibha Singh Counsel for Opposite Party :- G.A.

Hon'ble Shamim Ahmed,J.

The Court has convened through Video Conferencing.

Heard learned counsel for the applicant and learned A.G.A. and perused the record.

This application has been filed seeking the release of the applicant on bail in Case Crime No.117 of 2020, Section 3/5/8 of Cow Slaughter Act and 298 I.P.C., P.S. Khetarsarai, District Jaunpur.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to village enmity. No case is made out against the applicant for the offence in question. It is further submitted that the applicant has no concern with recovered beef and other articles. No specific role has been assigned to the applicant. It is further submitted that whenever any meat is recovered, it is normally shown as cow meat (beef) without getting it examined or analyzed by the Forensic Laboratory. In most of the cases, meat is not sent for analysis. He further submitted that the applicant is neither arrested on the spot nor any incriminating article has been recovered from his possession. There is no independent witness to support of the alleged recovery. It is further submitted that there is no public eye witnesses in the case, the Police has falsely implicated the applicant in the case, no one received any injury. It is next argued that the identically situated co-accused, namely, Ruksana has already been granted bail by this Court vide order dated 7.8.2020 in Crl. Misc. Bail Application No.19872 of 2020, hence, the applicant is also entitled for bail on the ground of parity.