Rasuley @ Rasuli & Anr. vs State Of U.P.
2019 Latest Caselaw 6086 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 

 
Case :- BAIL No. - 6538 of 2019
 

 
Applicant :- Rasuley @ Rasuli & Anr.
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Shiv Shankar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rajeev Singh,J.

Heard, learned counsel for the applicants, learned A.G.A for the State of U.P. and perused the record.

The present bail application has been filed on behalf of the applicant in Case Crime No.137 of 2019 under Sections 3/5/8 of Cow Slaughter Act, Police Station Kotwali Nagar, District Barabanki , with the prayer to enlarge him on bail.

The submissions of learned counsel for the applicants are that the applicants are innocent person and have been falsely implicated in the case, they are having no previous criminal history. The case of the applicant is similar to co-accused namely Suresh Kumar, Arjun and Ramji, who have been enlarged on bail by this Court, vide order dated 02.07.2019 passed in Criminal Misc. Bail Application No.5920 of 2019. In these circumstances, the applicants are also entitled for bail. In case of being enlarged on bail, they will not misuse the liberty of bail.

During course of arguments, learned counsel for the applicants placed before this court a photocopy of bail order of co-accused is taken on record.

Learned A.G.A. has opposed the prayer for grant of bail to the applicants but has fairly conceded that similarly situated co-accused have already been granted bail.

Considering the rival submissions of learned counsel for parties, material available on record, ground of parity with the co-accused as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicants are entitled to be released on bail.

Let applicants -Rasuley and Kushmesh- be released on bail in Case Crime No.137 of 2019, on their furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

(1) Applicants will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.

(2) Applicants will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.

(3) Applicants shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.

Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

Order Date :- 9.7.2019

Amit/-