The High Court allowed the bail application of Mashrur Gaddi in a cow slaughter case, granting bail on the ground of parity with similarly placed co-accused already released on bail by this court.
The applicant was allowed bail on furnishing a personal bond and two sureties each in the like amount subject to conditions.
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Court No. - 16
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3044 of 2022
Applicant :- Mashrur Gaddi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Piyush Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard Sri Sudhir Kumar Rai, learned Advocate holding brief for Sri Piyush Kumar Singh, learned counsel for the applicant and Ms. Parul Kant, learned A.G.A. for the State and perused the material placed on record.
Applicant seeks bail in Case Crime No. 07 of 2022, U/S 3/5Ka/8 of U.P. Prevention of Cow Slaughter Act, 1955, and 11 of Prevention of Cruelty to Animals Act, 1960, Police Station Purwa, District Unnao, during the pendency of trial.
It is submitted by learned counsel for the applicant that similarly placed co-accused persons, Sarfuddin and Afroz Ahmad have already been enlarged on bail by this Court vide order dated 21.4.2022 passed in Criminal Misc. Bail Application No. 2175 of 2022. The applicant is languishing in jail since 13.1.2022, having previous criminal history of one case bearing Case Crime No. 48 of 2015, in which he has already been enlarged on bail. In all, three cases were instituted against the applicant and other co-accused persons at the time of arrest in the present matter. If otherwise, the case of the applicant for bail is made out, he cannot be kept languishing in jail on account of his criminal antecedents. He further submitted that since the role of the applicant is identical to that of coaccused, who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.
The prayer for bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspect of parity to the co-accused has not been disputed by her.
Considering the submissions made by learned counsel for the parties, this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity.
Without expressing any opinion on the merits, the bail application is allowed. Let the applicant- Mashrur Gaddi, who is involved in aforementioned case crime number be released
on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A IPC.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC.
(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 4.7.2022 Shalini
Digitally signed by SHALINI JAISWAL Date: 2022.07.05 13:06:45 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant is entitled to bail on the ground of parity with co-accused who have already been enlarged on bail.
3 provisions across 1 enactments
Mashrur Gaddi
State Of U.P. Thru. Prin. Secy. Home
Krishan Pahal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
