Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11274 of 2018 Applicant :- Lukman Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd. Aslam Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard Mohd. Aslam, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been moved by the accused-applicant Lukman, who is involved in Case Crime No. 315 of 2017, under Section 3/5/8 of Cow Slaughter Act, Police Station - Mirzapur, District - Saharanpur.
As per prosecution version, on 31.10.2017 at about 02.20 P.M., the applicant with co-accused were slaughtering cow. The police came to know about it and when they reached the spot, the applicant and co-accused fled away from the spot. Axe and meat of bovine were recovered from the spot.
It is contended by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He further contended that there is no public witness of the alleged recovery. The applicant has a criminal history of one case at Case Crime No. 103 of 2017 in which he was granted bail by this court. Copy of the bail order has been annexed at Annexure No. 2 of the affidavit appended to the bail application. The applicant has no other criminal antecedents and is languishing in jail since 10.12.2017.
Learned counsel for the applicant further contended that co- accused Shahbaz, whose case in on better footing to that of the present applicant, has been admitted to bail vide order of this court dated 21.02.2018 passed in Criminal Misc. Bail Application No. - 4027 of 2018 (Shahbaz v. State of U.P.). Hence, the present applicant is 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 applicant on bail.
Let the applicant - Lukman 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 :- 28.3.2018 I. Batabyal