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2025 DAILYLAW 106470 (ALL)

NIZAKAT v. State of UP

BAIL/40927/2024 · 2025-01-24

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:12524 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40927 of 2024 Applicant :- Nizakat Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Pradeep Kumar Shukla, learned counsel for the applicant and Shri Arimardan Yadav, learned AGA for the State- Respondents and perused the record. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Nizakat, seeking enlargement on bail in Case Crime No.565 of 2024, under Sections 3/5/8 of the U.P. Prevention of Cow Slaughter Act, 1955, Police Station-Bhojipura, District-Bareilly. 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 02.09.2024. Learned counsel for the applicant submits that the applicant was not named in the first Information Report dated 22.08.2024. Neither there is any recovery from the applicant nor he was arrested from the spot. Co-accused Iftkhar, has been granted bail by coordinate Bench of this Court in Criminal Misc. Bail Application No. 37529 of 2024 vide order dated 23.10.2024. The applicant has no criminal antecedents 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, Nizakat, 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 :- 24.1.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad