Afsar vs State Of U.P.
2016 Latest Caselaw 3375 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18136 of 2016
 

 
Applicant :- Afsar
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Shams Vikas
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Abhai Kumar,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

I have perused the prosecution story as set up in the F.I.R and also the bail rejection order.

The contention raised by learned counsel for the applicant is that the accused-applicant has been falsely implicated in the present case due to ulterior motive.  He further states that co-accused - Maqsud Ahmad Alias Bhura has already been enlarged on bail by this Court vide Criminal Misc. Bail Application No. 13621 of 2016 (Maqsud Ahmad Alias Bhura Vs. State of U.P.) on 29.04.2016, copy of which has been annexed as Annexure - 2 in the bail application. He further submits that since the role of the applicant is identical to that of the co-accused, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. Learned counsel for the applicant lastly submits that the applicant is in jail since. 18.03.2016.

The prayer for bail has been vehemently opposed by learned A.G.A. However, he does not dispute the fact that the similarly placed co-accused have been granted bail by this Court.

Considering the submissions made by the learned counsel for the applicants as well as learned A.G.A and the fact that identically placed co-accused has already been enlarged on bail, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view will not in any manner adversely affect the case of the prosecution.

In view of the above, let the applicant - Afsar involved in Case Crime No. 99 of 2016, under Sections 3/5/8, U.P. Prevention of Caw Slaughter Act & Section 11 Prevention of Animal Cruelty Act, Police Station Devraniya, District Bareilly, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

1. The applicant shall not tamper with the prosecution evidence.

2. The applicant shall not pressurize the prosecution witnesses.

3. The applicant shall appear on the date fixed by the trial Court.

In case of default of any of the conditions enumerated above, the order granting bail shall automatically stand cancelled.

Order Date :- 03.06.2016.

Vinod.