Raju Kuraishi v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47240 of 2023 Applicant :- Raju Kuraishi Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Pati Tiwari Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard learned counsel for the applicant who has filed supplementary affidavit which is taken on record, learned AGA for the State and perused the record.

¶2The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No.520 of 2023, under Sections 3/5/8 of the UP Prevention of Cow Slaughter Act, Police Station Bhojipura, District Bareilly, during the pendency of trial.

¶3Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant is not named in the FIR and also he was not arrested on the spot. He further contends no beef or any other case property was recovered from his possession. It is also contended that the co-accused, Firoz having similar role to that of the applicant has already been enlarged on bail by a co-ordinate Bench of this Court vide order dated 03.11.2023 passed in Criminal Misc. Bail Application No.46844 of 2023, therefore, the applicant is also entitled to be enlarged on bail on the ground of parity. He further contends that except the present case, the applicant has also been falsely implicated in seventeen other cases which have been explained in paragraph-1 of the supplementary affidavit. There is no likelihood of his abscondence or tampering with the evidence. He is in jail since 17.09.2023. In case the applicant is enlarged on bail, he will not misuse the said liberty.

¶4Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions advanced by the counsel for the applicant, from the record.

¶5Having regard to the facts, circumstances an the submissions made but without commenting on merits of the case, this Court is of opinion that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed.

¶6Let the applicant - Raju Kuraishi, involved in the aforesaid case 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.

¶7In 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 :- 4.12.2023 Shahroz High Court of Judicature at Allahabad