Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32430 of 2018 Applicant :- Tauseef Opposite Party :- State Of U.P. Counsel for Applicant :- Vikrant Gupta Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Counter affidavit has been filed on behalf of the State, be taken on record.
Heard learned counsel for the applicant, learned A.G.A and perused the record.
Learned counsel for the applicant submits that the FIR of the alleged incident was lodged against three named person including the applicant and one unknown. As per first information report the applicant and co-accused Shahjan were arrested on spot and two other co-accused fled away. The recovery of 120 Kg. beef and some instruments have been shown from the place of occurrence. It has further been submitted that co-accused Shahjan having identical role has already been granted bail by another bench of this court vide order dated 24.10.2018 in Criminal Misc. Bail Application No. 28316 of 2018. Therefore, the applicant is also entitled for bail on the ground of parity. There is no criminal history of the applicant and is in jail since 10.6.2018.
Per contra, learned A.G.A has opposed the prayer for bail but could not dispute the fact that co-accused having identical role has already been granted bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Tauseef involved in Case Crime No. 357 of 2018, under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, P.S. Kotwali, District Rampur be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 30.10.2018 A.