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Neutral Citation No. - 2025:AHC:32883 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3314 of 2025 Applicant :- Kaptan And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar,Saurabh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed by learned counsel for the applicants, which is taken on record. Heard learned counsel for the applicants, Shri D.P.S. Chauhan, learned A.G.A. 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- applicants, Kaptan, Govind and Dharmendra, seeking enlargement on bail in Case Crime No. 198 of 2024, under Sections 318 (4), 338, 336 (3), 340 (2) of the Bharatiya Nyaya Sanhita, 2023, Section 3/5A/8 of U.P. Prevention of Cow Slaughter Act and Section 11 (1) (d) Prevention of Cruelty to Animals Act, Police Station Jahanganj, District Farrukhabad.
Learned counsel for the applicants argued that the accused- applicants are innocent. They have been falsely implicated in this very case crime number and are languishing in jail since
9.10.2024. Applicants are not named in the F.I.R. Learned counsel for the applicants submits that 25 live ox was recovered while transporting them from the applicants. No beef was recovered from the applicants. Learned counsel for the applicants further submits that co-accused namely, Kaushar Ali @ Koshar, has been granted bail by this Court, in Criminal Misc. Bail Application No. 43557 of 2024, vide orders dated 22.01.2025. Hence, bail has been prayed for. The applicants were not indulged in such type of business. Applicants have 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 the prayer for bail.
Considering all above 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-applicants, Kaptan, Govind and Dharmendra involved in above mentioned case crime number be released on bail, on their 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 applicants will not tamper with the evidence.
2. The applicants will not indulge in any criminal activity.
3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicants 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 their bail.
Order Date :- 6.3.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad