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Neutral Citation No. - 2025:AHC:60219 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39872 of 2024 Applicant :- Waseem Opposite Party :- State of U.P. Counsel for Applicant :- Devashish Tripathi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Devashish Tripathi, learned counsel for the applicant and Shri Rajesh Kumar Singh, learned AGA 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, Waseem, seeking enlargement on bail in Case Crime No. 522 of 2024, under Sections 318 (4), 338, 336 (3), 340 (2) B.N.S. and 3/5A/8 of U.P. Prevention of Cow Slaughter Act, 1955, Police Station-Sikandara, District-Agra.
Learned counsel for the applicant argued that the accused- applicant is innocent and has been falsely implicated in this case crime number. The applicant is languishing in jail since
21.08.2024. Learned counsel for the applicant submits that the First Information Report has been lodged on 20.08.2024, with the allegation that on an information of the informer the police party raided on the house and arrested the applicant and two other persons and recovered 40 Kilograms beef from the place of incident. Recovery of a knife has been shown from the possession of the applicant. Criminal history of ten cases has been explained in the affidavit filed in support of bail application as well as in supplementary affidavit. After arguing at some length learned counsel for the applicant submits that the applicant is languishing in jail since last eight months 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 bail application but could not dispute the fact that the applicant is in jail since last eight months.
Considering all those facts and circumstances, the nature of accusations, 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, Waseem, 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 their 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.
Order Date :- 12.3.2025 Faridul/pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad