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Neutral Citation No. - 2025:AHC:30353 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46790 of 2024 Applicant :- Imran Opposite Party :- State of U.P. Counsel for Applicant :- Sudhir Kumar Agarwal Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant and Shri R. K. Srivastava, learned AGA for the State-Respondent and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Ibrahim @ Bheda, seeking enlargement on bail in Case Crime No. 105 of 2024, under Sections 5-A/8 of Cow Slaughter Act, Police Station-Titron, District-Saharanpur.
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 at the very outset submits that nothing incriminating material has been recovered from the possession or on the pointing out of the applicant. The recovery shown from the applicant is planted one. No credible evidence with regard to cow slaughter has been collected by the Investigating Officer. The alleged recovered beef has not been sent for its chemical examination. The applicant has no criminal antecedent. The applicant is languishing in jail since 03.09.2024 and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. It is further submitted that on the similar footing the co-accused Ibrahim alias Bheda has been granted bail by this Court vide order dated 20.0.2025 passed in Criminal Misc. Bail Application No. 39509 of 2024, therefore, applicant is also entitled to be released on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. Considering all above 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, Imran, 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 :- 4.3.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad