Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:57098 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3445 of 2025 Applicant :- Mohd. Atiq And Another Opposite Party :- State of U.P. Counsel for Applicant :- Sudarshan Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Sudarshan Singh, learned counsel for the applicants, Shri Ramendra Pal Singh, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 have been moved on behalf of accused-applicants, Mohd. Atiq and Betab Alam , seeking enlargement on bail in Case Crime No. 362 of 2024, under Sections 3/5A/5B/8 of U.P. Prevention of Cow Slaughter Act, Section 11 of Prevention of Cruelty to Animals Act, 1960, Police Station Ali Nagar District Chandauli.
Learned counsel for the applicants argued that the accused-applicant are innocent. They have been falsely implicated in this very case crime number and ar languishing in jail since 29.12.2024. Learned counsel for the applicants submits that on 29.12.2024, S.I.Varunendra Kumar Rai alongwith other policemen were on routine search in the area, then they on the basis of information given by informer, stopped a container bearing Registration No.N.L.-01-AF-0995 and arrested three persons including the applicants and on being search of vehicle 20 live cows recovered which were sent for slaughter. The alleged recovery was forged and planed and no independent witness supported the above recovery. The applicants were Khalasi of the aforesaid Tata Container. There is no likelihood of his 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 the prayer for bail. 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-applicants, Mohd. Atiq and Betab Alam, 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 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 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 their bail.
Order Date :- 16.4.2025 SFH Digitally signed by :- SYED FAHIM HUSAIN High Court of Judicature at Allahabad