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SAMEER JAIN
Imtiyaz Ali – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
(Sameer Jain, J.)
1. Heard Shri Rajesh Singh Baish, learned counsel for the applicant and Shri Rajendra Singh, learned A.G.A. for the State-respondent.
2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.342 of 2023, under Sections 3/5A/5B/8 Prevention of Cow Slaughter Act, 1955, Section 11 of Prevention of Cruelty to Animals Act, 1960 and Section 429 I.P.C., Police Station Chakiya, District Chandauli, during pendency of the trial in the court below.
3. Learned counsel for the applicant submits that FIR of the present case was lodged against applicant and three others including co-accused Dilshad Ali @ Bablu and after considering the entire facts of the case, co-accused Dilshad Ali @ Bablu has been released on bail by this Court vide order dated 27.05.2024 and his bail order has been annexed as Annexure No.R.A.-1 to the rejoinder affidavit dated 09.08.2024 and on merit, case of applicant is at par with him.
4. He further submits however, apart from the present case, applicant is having criminal history of seven other cases but his criminal history has been explained in the instant bail application.
5. He further submits that
The court granted bail to the applicant based on parity with a co-accused released on bail, considering the duration of custody and nature of offences.
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.
Bail can be granted for additional charges if the applicant has previously been released on bail and lacks a criminal history.
The court held that prior criminal history does not automatically preclude bail if the circumstances warrant it, emphasizing the need for parity with co-accused and considering the duration of custod....
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