Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 13236 (ALL)

NAEES v. STATE OF U.P.

BAIL/3279/2025 · 2025-04-28

Ashutosh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:66016 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3279 of 2025 Applicant :- Naees Opposite Party :- State of U.P. Counsel for Applicant :- Shyam Sunder Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Shyam Sunder Mishra, learned counsel for the applicant, Shri Anil Kumar, learned AGA for the State-opposite party and perused the record. 2. This bail application under section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No. 254 of 2024, under Sections 109 of B.N.S., section 3/25 of Arms Act and section 3/5/8 of the Cow Slaughter Act and section 11(1)(d) of Prevention of Animal Cruelty Act, Police Station-Hathgaon, District -Fatehpur. 3. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 22.12.2024. Applicant's have no criminal history, which is clearly explained in Para No. 14 of the bail application. There is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. It is a no injury case. There is some delay in lodging the F.I.R., which is not explained. No beef as alleged was recovered from the possession or pointing out of the applicant. Applicant was arrested from his house showing a false recovery of country made pistol, one live she calf and other instruments of slaughtering. There is no independent witness of the alleged incident. Hence bail has been prayed for. 4. Learned counsel for the applicant submits that co-accused Saifi has already been enlarged on bail by this Court on 21.3.2025 in Criminal Misc. Bail Application No. 2029 of 2025. 5. Learned AGA has vehemently opposed, but could not dispute the fact that applicant has criminal history of only one case. 6. 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Naees, 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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. 9. 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 :- 29.4.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad