Danish v. State of U.P

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39485 of 2023 Applicant :- Danish Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Heard Sri Deepak Kumar, learned counsel for the applicant and Sri Pradeep Kumar, learned AGA for the State-respondent.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 115 of 2023, under Sections 3/5/8 Cow Slaughter Act & Sections 307/34 IPC & 3/25 Arms Act, Police Station-Kotwali City, District-Bijnor, during pendency of the trial in the court below.

¶3Learned counsel for the applicant submitted that this is the second bail application filed on behalf of the applicant and his first bail application was dismissed on merit by this Court on

21.03.2023 and he is pressing the instant second bail application on the ground that after rejection of the first bail application of the applicant, bail application co-accused Gulam Sabir @ Iddi was allowed by co-ordinate Bench of this Court vide order dated

26.06.2023 and bail order of co-accused Gulam Sabir @ Iddi has been annexed as Annexure No. 6 to the affidavit. He further submitted that as per the allegation, from the possession of the applicant and co-accused Gulam Sabir @ Iddi 110 Kg. beef was recovered, therefore, case of applicant is at par with co-accused Gulam Sabir @ Iddi, who has been released on bail by this Court, therefore, on the ground of parity, applicant may also be released on bail.

¶5He further submitted that applicant is not having any previous criminal history of Cow Slaughter Act and he is in jail since February, 2023 i.e. for last nine months.

¶6Per contra, learned AGA however, opposed the prayer for bail but could not dispute the fact that after rejection of the first bail application of the applicant, bail application of co-accused Gulam Sabir @ Iddi was allowed by co-ordinate Bench of this Court and case of applicant is at par with him.

¶7I have heard learned counsel for the parties and perused the record of the case.

¶8This is the second bail application filed on behalf of the applicant and his first bail application was dismissed on merit by this Court on 21.03.2023 and it reflects that after rejection of the first bail application of the applicant, bail application of co-accused Gulam Sabir was allowed by co-ordinate Bench of this Court on 26.06.2023 and case of applicant is at par with him.

¶9Further, applicant is not having any previous criminal history of Cow Slaughter Act and he is in jail since February, 2023 i.e. for last nine months.

¶10Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail.

¶11Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶12Let the applicant-Danish be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.

(iii) The applicant shall not indulge in any criminal and anti-social activity.

¶13In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

¶14It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 1.12.2023 / KK Patel High Court of Judicature at Allahabad