FATEH BAHADUR @ FATTE v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
BAIL/3363/2025 · 2025-08-19
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 135313 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 135313 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3363 of 2025 Applicant :- Fateh Bahadur @ Fatte Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Manish Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Supplementary affidavit filed today is taken on record.
2. Heard Shri Manish Kumar Gupta, learned counsel for the applicant, Smt. Shikha Sinha, learned A.G.A.-I for the State and perused the record.
3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 15 of 2025, under Sections 303(2) BNS and Sections 3/5/8 of U.P. Cow Slaughter Prevention Act, 1955, registered at Police Station - Nasirabad, District - Raebareli.
4. The aforesaid case has been registered on the basis of an F.I.R. lodged on 02.02.2025 against Pappu Fakir and two unknown persons, stating that the accused persons had stolen the cow of the complainant and they slaughtered it outside the village. In the statement of the named accused Rihan @ Pappu Fakir, he stated that the applicant and Mohd. Shaheed were also involved in theft and slaughtering of the cow.
5. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant's involvement in another criminal case has been disclosed in para 17 of the affidavit in which he has already been granted bail.
6. The learned counsel for the applicant has submitted that named co-accused Rihan @ Pappu Fakir has been granted bail by means of an order dated 22.04.2025 passed by the Co- ordinate Bench of this Court in CRIMINAL MISC. BAIL APPLICATION No. - 3368 of 2025. The other co-accused Mohd. Shaheed who has given name of Pappu Fakir along with the applicant has already been granted bail by means of an
order dated 20.05.2025 passed by the Co-ordinate Bench of this Court in CRIMINAL MISC. BAIL APPLICATION No. - 4390 of 2025.
7. The learned A.G.A. has opposed the bail application but he could not dispute the aforesaid facts.
8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the co-accused Suryanath has already been granted bail, I am of the view that the applicant is also entitled to be released on the ground of parity.
9. Accordingly, this bail application stands allowed.
10. Let the applicant - Fateh Bahadur @ Fatte 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.
Order Date :- 19.8.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench