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2025 DAILYLAW 10592 (ALL)

RAHIL v. STATE OF U.P.

BAIL/2551/2025 · 2025-04-21

Ashutosh Srivastava

body2025

Judgment text

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Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2551 of 2025 Applicant :- Rahil Opposite Party :- State of U.P. Counsel for Applicant :- Anwar Hussain Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Anwar Hussain, learned counsel for the applicant and Shri Anil 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, Rahil, seeking enlargement on bail in Case Crime No. 395 of 2024, under Sections 191 (2), 351 (2) and Section 3/5/8 of the U.P. Prevention of Cow Slaughter Act, 1955 and Section 11 (1) (I) of Animal Cruelty (Prevention) Act, 1960, Police Station- Narkhi, District-Firozabad. 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 24.12.2024. First Information Report has been lodged with the allegation that some cattle remains were recovered from a well of village Nagala Sati and the villagers has taken the name of the applicant and other accused persons. Learned counsel for the applicant submits that the applicant was neither arrested on spot nor any beef or any other incriminating material has been recovered from the possession of the applicant. There is no independent witness of the aforesaid recovery. Learned counsel for the applicant submits that co-accused Javed Khan has already been enlarged on bail by this Court on 21.4.2025 in Criminal Misc. Bail Application No. 2406 of 2025. Applicant has no criminal antecedent 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, but could not dispute the aforesaid facts. 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, Rahil, 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 :- 22.4.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad