Muskan and another v. State of UP thru its principal Secretary Home
BAIL/45006/2024 · 2025-01-30
Ashutosh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 110489 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 110489 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:14458 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45006 of 2024 Applicant :- Muskan And Another Opposite Party :- State Of Up Thru Its Principal Secretary Home Counsel for Applicant :- Manish Kumar Kashyap,V.P. Singh Kashyap Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicants and Shri Rajesh Kumar Singh, learned A.G.A. for the State respondents and perused the record. This bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, has been moved on behalf of accused- applicants-Muskan and Shahnaz, seeking enlargement on bail in Case Crime No. 410 of 2024 under Sections 3/5A/8 Prevention of Cow Slaughter Act and Sections 109, 317(5) of B.N.S., Police Station-Patiyali, District-Kasganj.
Learned counsel for the applicant argued that the accused- applicants are innocent; they have been falsely implicated in this very case crime number and is languishing in jail since 17.11.2024; First Information Report was lodged against the applicants and 6 other persons. The applicants have no criminal history and nothing has been recovered from the applicants. There is no likelihood of them fleeing from course of justice or tampering with evidence in case of release on bail; hence, bail has been prayed for. Learned AGA has vehemently opposed, but could not dispute the fact that applicants has no criminal antecedents. 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-applicants, Muskan and Shahnaz, involved in above mentioned case crime number be released on bail, on their 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 applicants will not tamper with the evidence.
2. The applicants will not indulge in any criminal activity.
3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicants will appear regularly on each and every date fixed by the trial court, unless their 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 their bail.
Order Date :- 31.1.2025 Nitika Sri. Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad