Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11227 of 2018 Applicant :- Islam And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandra Nath Bhatt Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard Sri Chandra Nath Bhatt, learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This bail application has been moved by the accused-applicants Islam and Ikram, who are involved in Case Crime No. 432 of 2017, under Section 3/5/8 of U.P. of Prevention of Cow Slaughter Act and Section 11 of Prevention of Cruelty of Animals Act, Police Station - Amorha Dehat, District - Amroha.
As per prosecution version, on 16.11.2017 at about 01.00 P.M., co-accused Rizwan, Ali Akbar and Shanu were arrested by the police and 90 kg. beef was recovered from their possession. The applicants fled away from the spot.
It is contended by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. There is no public witness of the alleged recovery. The applicants have no criminal antecedents and they are languishing in jail since 03.02.2018.
Learned counsel for the applicants further contended that similarly placed co- accused Ali Akbar and Rizwan, whose case is on equal footing to that of the present applicants, have been enlarged on bail vide orders of this court dated 23.01.2018 and 30.01.2018 passed in Criminal Misc. Bail Application No. - 2369 of 2018 (Ali Akbar v. State of U.P.) and Criminal Misc. Bail Application No. 3317 of 2018 (Rizwan v. State of U.P.), respectively. Hence, the present applicants are also entitled to be admitted to bail on the ground of parity.
Per contra, learned A.G.A. has opposed the prayer for bail.
Without commenting on the merits of the case, considering the facts and circumstances of the case, I find it a fit case for enlarging the applicants on bail.
Let the applicants - Islam and Ikram be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.
Accordingly, the instant bail application is allowed. Order Date :- 28.3.2018 I. Batabyal