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2025 DAILYLAW 124281 (ALL)

NOOR ALAM v. STATE OF U.P. THRU. SECY. HOME DEPTT.

BAIL/1504/2025 · 2025-02-21

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:11399 Court No. - 29 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1504 of 2025 Applicant :- Noor Alam Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Counsel for Applicant :- Dinesh Kr. Sharma,Arshad Hafeez Khan Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Arshad Hafeez Khan, the learned counsel for the applicant as well as Sri Virendra Kumar, the learned A.G.A.-I for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 191 of 2023, under Section 3/5/8 of Uttar Pradesh Prevention of Cow Slaughter Act, 1955, registered at Police Station Jahangirabad, District Barabanki. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 05.08.2023 stating that some unknown persons had slaughtered two cow progenies in the grove of the informant. 4. The applicant has been arrested on the basis of information received from a mukhbir and he has been implicated in the present case solely on the basis of custodial confessional statement. A country made pistol has been recovered from the possession of the applicant. 5. The applicant's involvement in 5 other cases has been disclosed in para 17 of the affidavit filed in support of the bail application, in 3 of which he has been granted bail. It has also been submitted on behalf of the applicant that co-accused Zubair has already been enlarged on bail by this court by means of an order dated 06.12.2023, passed in Criminal Misc. Bail Application No.14342 of 2023. 6. The learned A.G.A. has opposed the bail application but he could not dispute the aforesaid aspects of the matter. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that besides the custodial confessional statement of the applicant, there is no other material to connect him with the commission of the offence in question and co-accused Zubir has already been enlarged on bail by this court and without making any observations which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail. 8. Accordingly, this bail application stands allowed. 9. Let the applicantNoor Alam be released on bail in the aforesaid case, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: - (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 21.2.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench