Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10756 of 2018 Applicant :- Arshad @ Solidar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sanjay Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Supplementary affidavit filed by learned counsel for the applicant is taken on record.
Heard learned counsel for the applicant, learned Additional Government Advocate and perused the records.
The applicant is involved in case crime no. 527 of 2017, under Section 3/5A/8 of U.P. Prevention of Cow Slaughter Act and 3/11 Animal Cruelty Act, Police Station Azimnagar, District Rampur.
As per the FIR, the allegation is that the applicant along with other accused persons are involved in cow slaughtering and they have been named, though all ran away from the spot.
Learned counsel for the applicant contended that he has been falsely implicated in the present case. However, he submitted that co accused Qadeer has already been granted bail by co- ordinate Bench of this Court vide order dated 31.01.2018 passed in Criminal Misc. Bail Application No. 1731 of 2018 and another co-accused has been granted bail by learned court below. He contends that the role of applicant is identical with that of co-accused persons who have been granted bail. Further contention is that the applicant is in jail since 14.02.2018 for no fault of his.
On contrary, learned AGA opposed the prayer for bail but could not controvert the bail orders granted to co-accused persons.
Considering the facts and circumstances of the case and the argument advanced by learned counsel for the applicant, and without going into the merits of the case, I am of the view that the applicant is entitled for bail.
Let the applicant Arshad @ Solidar involved in aforesaid case be released on bail on his executing a personal bond and furnishing two sureties each of the like amount to the satisfaction of the court concerned.
However, applicant has been directed to be enlarged on bail with condition that he shall appear before court concerned as and when required and shall not avoid personal appearance, failing which, informant will be at liberty to move for cancellation of bail.
It is made clear that Identity status and residence proof of the applicant and sureties be strictly verified by the court concerned before the bonds are accepted.
Order Date :- 29.3.2018 IrfanUddin