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2025 DAILYLAW 111699 (ALL)

RAEES v. STATE OF U.P.

BAIL/47033/2024 · 2025-01-31

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:14661 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47033 of 2024 Applicant :- Raees Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Waseem Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Mohammad Waseem, learned counsel for the applicant, Sri Arimardan Yadav, learned AGA for the State-Respondent and perused the record. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Raees, seeking enlargement on bail in Case Crime No. 197 of 2024, under Sections 3/5/8 of the U.P. Prevention of Cow Slaughter Act, 1955 and Section 11 of Animal Cruelty Act, Police Station Hafijganj, District Bareilly. Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant further submits that the FIR has been registered after much delay of which no explanation has been given. As per FIR, the allegation against the applicant is that the applicant along with other accused had tied a calf and were trying to slaughter it. He submits that the applicant has not been arrested from the spot. There is no independent eye- witness of the aforesaid incident. Nothing incriminating material has been recovered from the possession of the applicant. The applicant has criminal antecedents of four cases, in which the applicant has already been enlarged on bail. He further submits that the applicant is languishing in jail since 18.08.2024 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 counsel for the informant as well as learned AGA has vehemently opposed, but could not dispute the aforesaid fact. 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, Raees, 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 :- 31.1.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad