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2025 DAILYLAW 110230 (ALL)

ARVIND NISHAD v. STATE OF U.P.

BAIL/45001/2024 · 2025-01-31

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:14506 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45001 of 2024 Applicant :- Arvind Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Kamlesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.116 of 2024, registered under Sections 3/5A/5B/8 Cow Slaughter (Prevention) Act & Section 11 Cruelty of Animals (Protection) Act, Police Station Shahabganj, District Chandauli during pendency of the trial. 3. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Applicant has no concern with the alleged incident. Applicant being owner of the vehicle, has been implicated in the present case. Learned counsel for the applicant next submits that co-accused Abdul Faiz has been granted bail by this Court by order dated 07.01.2025. Applicant's case is similar with co-accused who has been granted bail by this Court. The applicant is languishing in jail since 16.11.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial. 4. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute that applicant case is not similar to co-accused, who has been granted bail by this Court. 5. Considering the material available on record and keeping in view the nature of the offence, argument advanced on behalf of the parties, evidence on record regarding complicity of the accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 6. Let the applicant, Arvind Nishad, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. ii. The applicant shall cooperate in the trial sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 31.1.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad