Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7928 of 2018 Applicant :- Kasai Parvez Opposite Party :- State Of U.P.
Counsel for Applicant :- Shams Uz Zaman Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard Sri Shams Uz Zaman, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 Cr.P.C. has been moved by the accused-applicant Kasai Parvez, who is involved in Case Crime No. 776 of 2017, under Section 3/5/8 of Cow Slaughter Act, Police Station - Sambhal, District - Moradabad.
As per prosecution version, on 01.10.2017 at about 07.30 A.M., the police recovered skin of cow and one quintal 'gaumans' (beef), while the applicant and other co-accused fled away from the spot.
Learned counsel for the applicants contended that the applicant have been falsely implicated in this case. No offence, whatsoever is made out against him. Absolutely baseless and concocted allegations have been levelled against the applicant, who is innocent. Moreover, there is no public witness of the alleged recovery. The applicant is not a previous convict and he is languishing in jail since 17.10.2017.
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 applicant on bail.
Let the applicant - Kasai Parvez be released on bail in the aforesaid case crime number on 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 :- 27.3.2018 I. Batabyal