Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2769 of 2019 Applicant :- Naushad Opposite Party :- State Of U.P.
Counsel for Applicant :- Gautam,Mohd. Shamim Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the co-accused Shahibe Alam and Firoz Alam have been granted bail by this Court on 14.12.2018 and 3.1.2019 in Criminal Misc. Bail Application Nos.47940 of 2018 and 49801 of 2018, a copy of said order has been produced by the learned counsel for the applicant, which is taken on record and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant has criminal history, which has been explained in para 13 of the affidavit accompanying this bail application. The applicant is in jail since 11.12.2018.
Learned A.G.A. opposed the prayer for bail, but could not dispute the aforesaid fact as argued by the learned counsel for the applicant.
Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.
Without expressing any opinion on the merits of the case let the applicant Naushad involved in Case Crime No.253 of 2018, under Sections 3/5A/8 U.P. Prevention of Cow Slaughter Act, Police Station Karari, District Kaushambi be released on bail on their furnishing personal bonds with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before the trial Court on the date fixed.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 21.1.2019 Dev/-