Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11114 of 2018 Applicant :- Bhoora Opposite Party :- State Of U.P.
Counsel for Applicant :- Sushil Kumar Pandey,Mohammad Faisal Khan 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. 167 of 2015, under Section 3/5/8 of U.P. Prevention of Cow Slaughter Act and 11 Animal Cruelty Act, Police Station Kakrauli, District Muzaffar Nagar.
As per the FIR, the applicant along with one Leelu was seen by the police fining the edge of dagger but they all ran away from the spot.
Learned counsel for the applicant contended that he has been falsely implicated in the present case, otherwise he is not involved in any manner in cow slaughtering. He further contended that co-accused persons namely Leelu, Irfan and Inam have already been granted bail by co-ordinate Benches of this Court vide orders dated 18.01.2018, 23.01.2018 and 15.12.2017 in Criminal Misc. Bail Application Nos. 1874 of 2018, 2384 of 2018 and 49292 of 2017 respectively. 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 24.06.2017 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 Bhoora 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