SUDDU KHAN ALIAS ABDUL SYED ALIAS ABU SYED v. STATE OF U.P.
BAIL/45002/2024 · 2025-03-02
Ashutosh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 110182 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 110182 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:30622 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45002 of 2024 Applicant :- Suddu Khan Alias Abdul Syed Alias Abu Syed Opposite Party :- State of U.P. Counsel for Applicant :- Kshitij Tiwari,Sudarshan Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant and Shri Vijendra Kumar, learned AGA for the State-Respondent and perused the record. This bail application under Section 483 B.N.S.S. has been moved on behalf of accused-applicant, Suddu Khan Alias Abdul Syed Alias Abu Syed, seeking enlargement on bail in Case Crime No. 105 of 2024, under Sections 3, 5A, 5B, 8 of the Prevention of Cow Slaughter Act, 1955 Section 11 of the Prevention of Cruelty to Animals Act, 1960, Police Station Iliya, District Chandauli.
Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. According to the FIR, during the course of patrolling duty, the Police caught 8 cows from a vehicle bearing Registration No. UP-65 KT 4806, which were being transported to Bihar for the purpose of slaughtering. The mouth, neck and legs of the cows were tied with a plastic rope. Learned counsel for the applicant further submits that the applicant is not named in the FIR and he has not been arrested from the spot. The applicant is languishing in jail since 05.11.2024. Co-accused Saudagar has been granted bail by this Court in Criminal Misc. Bail Application No. 45198 of 2024, vide order dated 19.02.2025. Criminal history of five cases has been explained in paragraph no.6 of the affidavit and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, the 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, Suddu Khan Alias Abdul Syed Alias Abu Syed, 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. 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 :- 3.3.2025 Jitendra Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad