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2025 DAILYLAW 10802 (ALL)

ANEES v. STATE OF U.P.

BAIL/2555/2025 · 2025-04-21

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:59814 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2555 of 2025 Applicant :- Anees Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Sushil Kumar Pandey, learned counsel for the applicant, Sri Anil Kumar Singh, learned AGA for the State- respondents and perused the record. 2. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Anees, seeking enlargement on bail in Case Crime No. 558 of 2024, under Section 109 B.N.S. Section 3/5A/8 of Cow Slaughter Act, Section 3/11 of Animal Cruelty Act and Section 3/25/27 of Arms Act, P.S.- Nai Mandi, District- Muzaffar Nagar, during pendency of the trial in the Court below. 3. The allegation made in the FIR is that on 22.11.2024 while the police party was busy in routine checking of vehicles, the accused persons were ordered to stop but they did not stop rather have opened fire on the police, consequently the police party have caught to the applicant and co-accused persons other co-accused persons has escaped from the clutches of the police. 4. 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 22.11.2024. He has one case of criminal antecedent, which has sufficiently been explained and there are no likelihood of their fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant submits that the applicant was picked up by the police from his house on 22.11.2024 and thereafter he has been implicated by the police in the alleged offence. Nothing has been recovered from the possession of the applicant and he has nothing to do with the alleged offence. The FIR of the alleged incident has been lodged after causing inordinate delay after thought and no body has seen the alleged incident of slaughtering of cows, nor the alleged recovered meat has been sent for chemical analysis. The applicant is not named in the FIR, his name has come into light during the course of investigation and there is no evidence against the applicant to connect the alleged offence and the recovered vehicle was not related with the applicant and police has shown false recovery Just to implicate the applicant in the alleged offence in collusion with the mukhbir. Hence, bail has been prayed for. 5. Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts. 6. 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Anees, 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 his personal appearance is exempted through counsel by the court concerned. 9. 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