Allowed

Kasim @ Kalu v. State of U.P.

Allahabad HC17 Aug 2022BAIL/21559/2022

Case brief

AI extract

What is this about?

In a bail application filed under the U.P. Prevention of Cow Slaughter Act and the Prevention of Cruelty to Animals Act, the Hon'ble court considered the ground of parity with a co-accused already released on bail. The court allowed the application and ordered the applicant's release subject to furnishing a personal bond and two sureties.

What did the court decide?

Augmented on bail subject to furnishing of personal bond and two sureties each in like amount on unspecified conditions.

Kasim @ Kalu Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21559 of 2022

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Applicant :- Kasim @ Kalu Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Sushil Kumar Pandey, the learned counsel for the applicant, Sri Shashi Shekhar Tiwari, the learned Additional Government Advocate and perused the record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 219 of 2013, under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act and Section 11 of the Prevention of Cruelty to Animals Act, Police Station Shahpur, District Muzaffar Nagar during pendency of the trial in the Court below.

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The aforesaid case has been registered on the basis of an F.I.R. lodged by the Police on 10.06.2013 against nine named accused persons, including the applicant, alleging that they were slaughtering cow progeny at an open place of the coaccused Fanoo.

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As per the F.I.R. averments all the accused persons had ran away and six qunital of flesh of cow progeny was recovered from the plot.

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In the affidavit filed in support of the bail application, it has been stated that nothing has been recovered from the possession of the applicant and he has been falsely implicated in the present case. It has further been stated that during investigation, the applicant was not arrested in accordance with the provisions contained in Section 41-A of the Cr.P.C. and he has been arrested on 23.01.2022 after the submission of the chargesheet.

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The learned counsel for the applicant has submitted that the co-accused Balu @ Iqbal has already been granted bail by means of an order dated 05.07.2022 passed by this Court in Criminal Misc. Bail Application No. 20502 of 2022.

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His submission is that the case set up against the applicant is similar to that set up against the other co-accused person, who has already been released on bail.

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The applicant is languishing in jail since 23.01.2022.

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The State has filed a counter affidavit annexing therewith the reports of the D.C.R.V. and C.C.T.N.S. as per which, apart from the present case, the applicant is not involved in any other criminal case.

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Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute the fact that the case set up against the applicant is similar to that set up against the other co-accused person, who has already been released on bail.

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Having regard to the aforesaid facts and submissions, I am of the view that the applicant is entitled to be released on bail on the ground of parity.

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In light of the preceding discussion and without making any observation on the merits of the case, the instant bail application is allowed .

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Let the applicant Kasim @ Kalu be released on bail in Case Crime No. 219 of 2013, under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act and Section 11 of the Prevention of Cruelty to Animals Act, Police Station Shahpur, District Muzaffar Nagar on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.

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Order Date :- 17.8.2022 Jaswant

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Digitally signed by JASWANT KUMAR Date: 2022.08.18 10:18:05 IST Reason: Location: High Court of Judicature at Allahabad

Kasim @ Kalu v. State of U.P.

Case brief

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Kasim @ Kalu v. State of U.P.

Case brief

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