Afzal v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39988 of 2023 Applicant :- Afzal Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard learned counsel for the applicant, learned AGA for the State and perused the record.

¶2By means of this bail application, applicant seeks bail in Case Crime No.311 of 2021, under Sections 3/5/8 of UP Prevention of Cow Slaughter Act, 1955, Police Station Khaga, District Fatehpur, during the pendency of trial.

¶3It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. It is further contended that similarly placed co-accused persons have already been enlarged on bail by coordinate Benches of this Court vide order dated 14.02.2022 passed in Criminal Misc. Bail Application No.4038 of 2022 (Inayat Ulla @ Neyamat Ulla Vs. State of UP), order dated 04.03.2022 passed in Criminal Misc. Bail Application No.48813 of 2023 (Dilshad Vs. State of UP) and the order dated 25.03.2022 passed in Criminal Misc. Bail Application No.4690 of 2022 (Nafees Vs. State of UP). There is no previous criminal history against the applicant. He next submitted that since the role of the applicant is identical to that of the aforesaid co-accused who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. There is no likelihood of his abscondence or tampering with the evidence. The applicant is languishing in jail since 16.03.2023. In case the applicant is released on bail, he will not misuse the said liberty.

¶4The prayer for bail has been vehemently opposed by learned AGA. However, the aforesaid factual aspects of parity to the co-accused could not be disputed.

¶5Considering the facts, circumstances and the submissions made but without commenting on the merits of the case, this Court is of opinion that the applicant has made out a case for grant of bail on the ground of parity.

¶6Accordingly, the bail application is allowed.

¶7Let the applicant - Afzal, involved in the aforesaid case crime 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 subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

¶8In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 16.10.2023 Shahroz High Court of Judicature at Allahabad