Parvez v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43733 of 2023 Applicant :- Parvez Opposite Party :- State of U.P. Counsel for Applicant :- Arun Kumar Vishvakarma Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma, J.

¶1Learned counsel for the applicant has filed supplementary afÏdavit today in Court, which is taken on record.

¶2Heard Sri Arun Kumar Vishvakarma, learned counsel for the applicant, learned A.G.A for the State-opposite party and perused the record.

¶3The instant bail application, under Section 439 Cr.P.C, has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 674 of 2023, under Sections 3/5 क/8 of the U.P. Prevention of Cow Slaughter Act and Section 3/11 ण of the Animal Cruelty Act, Police Station-Sikandara, District-Agra, during the pendency of trial.

¶4Counsel for the applicant submitted that the applicant has been falsely implicated in the instant case due to ulterior motive. Learned counsel for the applicant has further submitted that applicant was neither arrested on the spot nor the alleged beef was recovered from the possession of the applicant, his name came into picture during the confessional statement of the co-accused, who were arrested on the spot. The applicant has explained criminal history in para 3 of the supplementary afÏdavit. The applicant is in jail since

08.09.2023. In case, he is enlarged on bail, he will not misuse the said liberty.

¶5Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶6Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶7Let the applicant - Parvez, 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 :- 3.11.2023 Vinod. High Court of Judicature at Allahabad High Court of Judicature at Allahabad High Court of Judicature at Allahabad