Adesh v. State of U.P. Thru. Prin. Secy. Home Deptt

Court No. - 33 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2253 of 2024 Applicant :- Adesh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Counsel for Applicant :- Prateek Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Mrs. Sadhna Rani (Thakur),J. Heard learned counsel for the applicant, learned A.G.A. through video conferencing and perused the record. This application has been moved by the applicant Adesh to enlarge him on bail in Case Crime No.175 of 2023, under Sections 379, 429 IPC & 3/5/8 of UP Cow Slaughter Act-1955, Police Station Nagram, District Lucknow. It is submitted by the learned counsel for the applicant that the applicant is not named in the FIR. In the statement of co-accused Aahat, who was arrested after 40 days of the incident, for the first time his name is unearthened. No recovery is shown from him. There is no criminal history of the cases under Cow Slaughter Act against him. He has been arrested from his house. He is languishing in jail since 25.09.2023. Co-accused Aahat Quarishi and Amir, having identical role, have already been granted bail earlier, hence, on the ground of parity also the prayer for bail is made. Learned A.G.A., however, opposed he prayer and submitted that there is criminal history of three more cases to the credit of the applicant. It is further submitted that there is gang of the present applicant and co-accused persons, who are indulged in the slaughter of the animals, hence, the prayer is opposed. From the perusal of the record, it is found that the FIR is against unknown person. The applicant has not been arrested from the spot. There is no recovery from him. Co-accused Aahat Quarishhi and Amir, having identical role, have been granted bail earlier. Perusing the record, considering the facts and circumstances of the case, the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a case of bail. The bail application is allowed. Let the applicant Adesh, who is involved in aforesaid 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 following conditions.

¶1The applicant will attend and co-operate the trial proceedings pending before the court concerned on the dates fixed after release.

¶2The applicant will not tamper with the witnesses.

¶3The applicant will not indulge in any illegal activities during the bail period. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the trial court shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case. Order Date :- 1.3.2024 Radhika High Court of Judicature at Allahabad, Lucknow Bench