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2025 DAILYLAW 109992 (ALL)

SIDDHU QURAISHI ALIAS WASID v. STATE OF U.P.

BAIL/45035/2024 · 2025-01-21

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:9945 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45035 of 2024 Applicant :- Siddhu Quraishi Alias Wasid Opposite Party :- State of U.P. Counsel for Applicant :- Prabhakar Dubey Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned Counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 142 of 2024, under Section 3/5A/8 of U.P. Prevention of Cow Slaughter Act, and Section 11 Prevention of Animals Cruelty Act, Police Station- Geeda, District- Gorakhpur during pendency of the trial. 3. Counsel for the applicant submits that the applicant was not arrested at the spot and has been falsely implicated in the instant case. The name of the applicant was disclosed by the co-accused, Salim and Kamalu, who were arrested at the spot. The said statements, insofar as they implicate the applicant, is unreliable. No recovery was made from the applicant. Further, the co-accused Ishtkhar Shah @ Banke has been granted bail by this Court vide order dated 6.8.2024 passed in Criminal Misc. Bail Application No. 20899 of 2024. The criminal history of the applicant has been explained in para 10 of the bail application. The applicant is in jail since 8.6.2024. In case he is enlarged on bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record, this Court prima facie finds that the applicant was not arrested at the spot. The name of the applicant was disclosed by the co-accused, who were arrested at the spot. No recovery was made from the applicant. The co-accused Ishtkhar Shah @ Banke has been granted bail by this Court. Further the applicant has presently remained confined for more than seven months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant, Siddhu Quraishi Alias Wasid involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not tamper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 21.1.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad