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2025 DAILYLAW 102115 (ALL)

MUNTIYAZ v. STATE OF U.P.

BAIL/34737/2025 · 2025-10-08

Ashutosh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34737 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Sushil Kumar Pandey, learned counsel for the applicant, Shri R. K. Nishad, learned Brief Holder for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Muntiyaz , seeking enlargement on bail in Case Crime No. 602 of 2024, under Sections 3/5A/8 of Cow Slaughter Act, Police Station Kairana, District Shamli during the pendency of the trial before the Court below. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 125.2025. Learned counsel for the applicant submits that applicant was neither present on the spot nor apprehended from the spot. His name surfaced on the record on the basis of confessional statement of co-accused. Learned counsel for the applicant submits that similarly circumstanced co-accused Manshad @ Sona has already been enlarged on bail by co-ordinate Bench of this Court on 26.9.2025 in Criminal Misc. Bail Application No. 33521 of 2025. He has 13 cases of criminal antecedent, which have sufficiently been explained and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. Considering all above facts and circumstances, the nature of accusations, Versus Counsel for Applicant(s) : Sushil Kumar Pandey Counsel for Opposite Party(s) : G.A. Muntiyaz .....Applicant(s) State of U.P. .....Opposite Party(s) severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Muntiyaz , involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. October 9, 2025 Ravi Prakash BAIL No. 34737 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad