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SUBHASH VIDYARTHI
Waseek – Appellant
Versus
State Of U. P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. U. P. – Respondent
JUDGMENT :
(Subhash Vidyarthi, J.)
1. Heard Ms. Gulam Mustafa, the learned counsel for the applicant as well as Sri Anant Pratap Singh, the learned A.G.A. for the State and perused the record.
2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 164 of 2023, under Section 379 I.P.C. and Section 3/5/8 of Uttar Pradesh Prevention of Cow Slaughter Act, 1955, registered at Police Station Auras, District Unnao.
3. The aforesaid case has been registered on the basis of F.I.R. lodged on 07.08.2023 alleging that some unidentified miscreants had stolen the informant's bullocks and had slaughtered them.
4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has falsely been implicated in the present case on the basis of confessional statement of co-accused Nihal. The applicant's involvement in three other cases has been disclosed in Para 2 of the supplementary affidavit filed in support of the bail application, in all of which he has already been granted bail. It has also been submitted that the co-accused Nihal has already been granted bail by this court by means of an order dated
The court considered the applicant's lack of criminal history, the fact that he was not named in the FIR, and the bail granted to the co-accused as factors in granting bail.
Implication based solely on co-accused's statement, lack of direct evidence, and disparity in bail decisions.
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