Court No. - 84

Case :- CRIMINAL MISC. BAIL APPLICATION No. -

59358 of 2022

Applicant :- Uvaish

Opposite Party :- State of U.P.

Counsel for Applicant :- Mohd. Ashraf

Counsel for Opposite Party :- G.A.

Hon'ble Sameer Jain,J.

1. Heard Mohd. Ashraf, learned counsel for the applicant

and Shri Suresh Bahadur, learned AGA for the State.

2. The instant bail application has been filed seeking

release of the applicant on bail in Case Crime No.251 of

2022, under Sections 3/5/8 of Cow Slaughter Act, P.S. -

Shergarh, District - Bareilly, during pendency of the trial.

3. As per the allegation, the applicant was apprehended

along with two other co-accused persons and from their

joint possession, two quintal beef was recovered.

4. Learned counsel for the applicant submits that the

entire allegations made against the applicant is totally

false and baseless and at the time of recovery, no public

witness was taken and entire recovery is planted one. He

further submits that although from the spot applicant

along with co-accused Babu was arrested, and, co-

accused Babu has already been released on bail by a co-

ordinate Bench of this Court, vide order dated 12.1.2023

passed in Criminal Misc. Bail Application No.59502 of

2022. He next submitted that although applicant was

earlier implicated in one case under Cow Slaughter Act

and in another case under Gangster Act but in both of

them, he has already been released on bail. Learned

counsel lastly submits that applicant in the present matter

is languishing in jail since 23.11.2022.

5. Per contra, learned A.G.A. has vehemently opposed

the prayer of bail but could dispute the fact that similarly

placed co-accused Babu has already been released on

bail by a co-ordinate Bench of this Court.

6. I have heard learned counsel for the parties and

perused the record of the case.

7. From the perusal of the record, it appears that the

applicant along with co-accused Babu, was arrested on

the spot and from their joint possession, two quintal beef

has been recovered, and, the similarly placed co-accused

Babu has already been granted bail by a co-ordinate

Bench of this Court. Therefore, I am of the considered

view that applicant is also entitled to be release on bail.

8. Accordingly, the instant bail application is allowed.

9. Let the applicant - Uvaish be released on bail in the

aforesaid case on furnishing a personal bond and two

sureties each in the like amount to the satisfaction of the

court concerned with the following conditions:-

(i) The applicant shall appear before the trial court on the

dates fixed, unless his personal presence is exempted.

(ii) The applicant shall not directly or indirectly, make

inducement, threat or promise to any person acquainted

with the facts of the case so as to dissuade him from

disclosing such facts to the Court or any police officer or

tamper with the evidence.

(iii) The applicant shall not indulge in any criminal and

anti-social activity.

10. In case of breach of any of the above condition, the

prosecution will be at liberty to move an application before

this Court for cancellation of the bail of the applicant.

Order Date :- 24.1.2023

Rishabh

Digitally signed by :-

RISHABH KUMAR

High Court of Judicature at Allahabad