Sahid v. State of U.P.

Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12686 of 2022

Applicant :- Sahid Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Yadav Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Lavania,J.

Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.

The present bail application has been filed by the applicant seeking bail in Case Crime No. 01 of 2021, under Sections 3/5/8 of Cow Slaughter Act, Police Station-Puramufti, District Kaushambi.

Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present crime. It is submitted that name of the applicant surfaced in the statement of the co-accused namely Rais Ahmad, who has already been released on bail by this Court vide order dated 17.06.202 passed in Criminal Misc. Bail Application No.6551 of 2021. Nothing incriminating material was recovered from the possession of the applicant or on pointing out by the applicant. Accordingly, the applicant is also entitled for bail on the ground of parity. It is also submitted that there is no apprehension that after being released on bail, he may flee from the course of law or may otherwise misuse the liberty of bail and the applicant is in jail since 15.10.2021 and the possibility of conclusion of trial in near future is extremely bleak.

Learned A.G.A. has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the accused-applicant that co-accused has already been released on bail.