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Neutral Citation No. - 2025:AHC:28249 Court No. - 84 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42038 of 2024 Applicant :- Furkaan Opposite Party :- State of U.P. Counsel for Applicant :- Sayeed Saif Ullah,Sufia Saba,Tanbir Alam Siddiqui Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Sayeed Saif Ullah, learned counsel for the applicant and Shri R.K. Srivastava, the learned AGA for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.31 of 2018, under Sections 3/5/8 Cow Slaughter Act, 147/148/332/323/504/506 IPC & 7 of Criminal Law Amendment Act registered at Police Station Mirzapur, District- Saharanpur. 3.The aforesaid case has been registered on the basis of F.I.R. lodged by the Sub-Inspector of police against 16 persons, including the applicant, stating that on the basis of information received from a Mukhbir, the house of co-accused Bilal was raided. The applicant and the co-accused persons Javed, Bilal, Farman, Qurban and Gulbahar escaped by scaling the boundaries of the house whereas co-accused persons namely, Rehman Slaman and Nazreen, were arrested on the spot while they were slaughtering a cow. 4. In the affidavit filed in support of the bail application,the applicant's involvement in 21 other cases has been disclosed, in all of which he has been granted bail. 5. The State has filed a counter affidavit and a rejoinder affidavit has been filed on behalf of the applicant. 6. Learned counsel for the applicant submitted that the applicant has been implicated only on the custodial statement of the three co-accused persons who have been arrested on the spot and all of them have been granted bail. Copies of their bail orders have been annexed as Annexure No.4 to the affidavit. 7. Learned AGA has vehemently opposed the bail application and he submitted that the offence is heinous in nature and the applicant has a long criminal history, he could not be enlarged on bail. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has been implicated solely on the basis of cusodial statement of co-accused persons and all those co- accused persons have already been granted bail, I am of the view that the applicant is also entitled to be released on bail on ground of parity. 9. Accordingly, this bail application stands allowed. 10.
Let the applicant- Furkaan be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. . [Subhash Vidyarthi, J.] Order Date :- 28.2.2025/-Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad