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Neutral Citation No. - 2025:AHC:6999 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41833 of 2024 Applicant :- Shaukat Opposite Party :- State of U.P. Counsel for Applicant :- Lalit Prakash,Narayan Swaroop Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J.
1. Heard Shri Lalit Prakash, learned counsel for the applicant, Shri S.K. Ojha, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Shaukat, seeking enlargement on bail in Case Crime No. 276 of 2024, under Sections 3/5/8 U.P. Cow Slaughter Act, Police Station -Budhana, District -Muzaffarnagar. 3. Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this case crime number and is languishing in jail since 12.07.2024; F.I.R. dated 08.07.2024 has been lodged against one unknown person; the name of the applicant came into light during statement of co- accused; there is no recovery of cow progeny or cow meat or any other incriminating article from the possession of the present applicant; co-accused namely Eijaz and Bhoora have already been granted bail vide orders dated 21.10.2024 and 21.10.2024 passed by the co-ordinate Bench of this Court in Crl. Misc. Bail Applications No. 36898 of 2024 and 36894 of 2024, respectively; criminal history of the applicant has clearly been explained in para no. 17 of the bail application, wherein he has already been released on bail 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. 4. Learned AGA has vehemently opposed, but could not dispute the fact that nothing incriminating has been recovered from the possession of the applicant. 5. 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. 6. Accordingly, the bail application is allowed. 7.
Let the accused-applicant, Shaukat, 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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. 8. 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 :- 16.1.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad