Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38795 of 2019 Applicant :- Shakeel Ahmad Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 317 of 2019, under Sections 153A, 420, 429 I.P.C., Section 11 Prevention of Cruelty to Animals Act and Section7/8 Environment (Protection) Act, 1986, P.S. Kotwali, district-Mau and is in jail since 23.7.2019, is seeking enlargement on bail during the trial.
The first information report was lodged against 26 named and one unknown persons including applicant, alleging therein that the present accused along with other co-accused were committing cruelty with animals and illegally slaughtering the animals without having any licence. It is also alleged that eight quintals meat of buffalo and some alive buffaloes were found at the place of incident.
Learned counsel for the applicant submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. He next submitted that the other co-accused, Smt. Alimunnisha and Smt. Sadarunnisha have already been granted bail by another Bench of this Court by order dated 11.9.2019 passed in Criminal Misc. Bail Application No. 33970 of 2019, copy of the bail order produced by learned counsel for the applicant is taken on record. He further submitted that since the role of the present accused is identical to that of other co-accused, who have been granted bail by this Court, hence the applicant is also entitled to be enlarged on bail on the ground of parity.
The prayer for bail has vehemently been opposed by learned A.G.A. However, the aforesaid factual aspect of the matter has not been disputed by him.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A., this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity.
In view of the above, let the applicant, Shakeel Ahmad be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions :-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 25.9.2019 Faridul