BA1/227/2018 of Musharraf Vs State Of Uttarakhand

BA1 No.227 of 2018

U.C. Dhyani, J.

Mr. Mohd. Azmeen, Advocate holding brief of Mr. Lalit Sharma, Advocate for the applicant.

Mr. T.C. Agarwal, A.G.A for the State.

Applicant –Musharraf, who is in jail in connection with F.I.R. No. 131 of 2017, under Sections 3/5/11 Uttarakhand Protection of Cow Progeny Act, P.S. Haldwani, District-Nainital, has sought his release on bail.

Heard learned counsel for the parties, considered the grounds taken up in the bail application and perused the documents brought on record.

Allegedly beef was recovered from the possession of the applicant. It is the submission of learned counsel for the applicant that the co-accused Sabu Butcher with identical role has been granted bail by this court vide order dated 16.8.2017. Applicant is in judicial detention since 18.4.2017 and has no previous criminal history. The applicant should be granted bail on the ground of parity.

Learned counsel for the applicant replied that the applicant is ready to file reliable sureties, to the satisfaction of the Magistrate concerned.

Considering the entire conspectus of facts, this Court is of the opinion that the applicant should be enlarged on bail.

The bail application is allowed. Let the applicant be enlarged on bail, on his executing personal bond and furnishing two reliable sureties, each of like amount to the satisfaction of the Magistrate concerned.

If at any point of time, it is found that the applicant is misusing the bail, learned Trial Court shall be at liberty to cancel his bail in accordance with law.

Pooja /A.Kaur

(U.C. Dhyani, J.) Vacation Judge

08.2.2018