Court No. - 8 Case :- BAIL No. - 8392 of 2009 Petitioner :- Sharifun Nisha Respondent :- State Of U.P. Petitioner Counsel :- R.A.Khan Respondent Counsel :- Govt.Advocate Hon'ble Ashwani Kumar Singh,J.
Counter affidavit is taken on record.
Heard learned counsel for the applicant, the learned Additional
Government Advocate and perused the F.I.R. and other relevant
papers on record.
Submission of the learned counsel for the applicant is that co-
accused Zaki Mohd. and co-accused Israil have already been
granted bail by the order dated 18.12.2009 passed by this Court
in Crl. Misc. Case No. 8593(B) of 2009. He further submits that
the role of the accused-applicant is similar to that of co-accused
Zaki Mohd. and co-accused Israil, who have already been granted
bail by this Court. Learned counsel for the applicant claims parity.
The same is not controverted by the State. It is also submitted that
the case under U.P.Gangsters and Anti Social Activities
(Prevention) Act have also been slapped on the accused-
applicant. In the gang chart there are only two cases shown
against the accused-applicant, one is the present case and the
other case is under section 4/25 Arms Act. It is further submitted
that this case under U.P.Gangsters and Anti Social Activities
(Prevention) Act has been registered against the accused-
applicant by the police, in vengeance, so that he may languish in
jail for a considerable long period.The applicant is in jail since
10.10.2009, as averred in para 2.
Considering the facts and circumstance of the case, let the
applicant be released on bail in case Crime No.637 of 2009, under
section 3/5/8 Cow Slaughter Act & 11 of the Animal
Cruelty(Prevention)Act and Section 3(1) of the U.P.Gangsters Act,
P.S.Sadullah Nagar, District Balrampur on his filing a personal
bond and two sureties each in the like amount to the satisfaction of
the court concerned.
Order Date :- 4.2.2010
kvg/-