Taufeek @ Gantha Ustad v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47161 of 2023 Applicant :- Taufeek @ Gantha Ustad Opposite Party :- State of U.P. Counsel for Applicant :- Hasan Parvej Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard Sri Hasan Parvej, learned counsel for the applicant, 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.287 of 2022, under Sections 3/5kha/8 of the UP Prevention of Cow Slaughter Act and Section 7 of the Animal Cruelty Act, Police Station Keoladiya, District Bareilly, during the pendency of trial.

¶3Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and has not committed any offence as alleged by the prosecution. The applicant is not named in the FIR; his name has come into picture during the investigation. He further contends no beef or any other case property was recovered from his possession. It is also contended that the co-accused, Vikar Ahmad 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 01.11.2023 passed in Criminal Misc. Bail Application No.12426 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 four other cases which have been explained in paragraph-23 of the affidavit filed in support of the bail application. There is no likelihood of his abscondence or tampering with the evidence. He is in jail since 18.01.2023. 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 - Taufeek @ Gantha Ustad, 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