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2025 DAILYLAW 89033 (ALL)

YASEEN v. State of U.P.

BAIL/31025/2024 · 2025-02-18

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:23584 Reserved on 13.02.2025 Delivered on 19.02.2025 Court No. - 9 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31025 of 2024 Applicant :- Yaseen Opposite Party :- State of U.P. Counsel for Applicant :- Kushagra Srivastava,Shahrukh Counsel for Opposite Party :- G.A. Hon'ble Rohit Ranjan Agarwal,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State-respondent. 2. By means of this application, applicant -Yaseen, who is involved in Case Crime No. 147 of 2024, under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, Police Station- Dhaulana, District- Hapur, seeks enlargement on bail during the pendency of trial. 3. It is contended by learned counsel for the applicant that applicant has been falsely implicated in the present case and the applicant has criminal history of only three cases in which he has already been enlarged on bail. Counsel for the applicant further submits that the other co-accused Imran has already been granted bail by this Court hence he is also entitled to be released on bail on the ground of parity. The applicant is languishing in jail since 25.06.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail. 4. Learned A.G.A. has vehemently opposed the bail application of the applicant and states that as there are total 4 criminal cases, excluding the present case, having been registered against the applicant, he is not entitled to be released on bail. 5. I have heard respective counsel for the parties and perused the material on record. 6. The counter affidavit filed by learned Additional Government Advocate reveals criminal history of 4 cases against the applicant, and all the cases are under the Prevention of Cow Slaughter Act. The criminal history of the applicant, as mentioned in DCRB report, are as under : i. Case Crime No. 1044 of 2014, under Section 3/5A(1)(11) 8 of Prevention of Cow Slaughter Act, Police Station-Masoorie, District- Ghaziabad ii. Case Crime No. 473 of 2009, under Section 3/5/8 of Prevention of Cow Slaughter Act, Police Station-Masoorie, District- Ghaziabad iii. Case Crime No. 14 of 2008, under Section 3/5/8 of Prevention of Cow Slaughter Act, Police Station-Masoorie, District- Ghaziabad iv. Case Crime No. 600 of 2014, under Section 3/5/8 of Prevention of Cow Slaughter Act, Police Station-Masoorie, District- Ghaziabad 7. From perusal of material on record, I find that excluding the present case, the applicant has a long criminal history of four criminal cases and all of them are under Prevention of Cow Slaughter Act. Moreover, the applicant cannot be granted parity with the other co-accused Imran as the applicant has criminal history of four cases whereas the other co-accused Imran, whose parity has been sought, does not have any criminal history in his credit. 8. Considering the facts and circumstances of the case that releasing the applicant on bail would be a threat to the society at large, no case for bail is made out. 9. Bail application stands rejected. Order Date :- 19.2.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad