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2025 DAILYLAW 13612 (ALL)

AURANGZEB ALIAS AZHAR v. STATE OF U.P.

BAIL/3458/2025 · 2025-07-02

Avnish Saxena

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:103729 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3458 of 2025 Applicant :- Aurangzeb Alias Azhar Opposite Party :- State of U.P. Counsel for Applicant :- Balbir Yadav,Najam Uz Zaman Khan,Pooja Yadav,Rajesh Sharma Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1.Sri Rajesh Sharma, Advocate appears for the applicant and submits that the accused/applicant has been falsely implicated in Case Crime No.488 of 2024, under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, Section 3/25/27 of Arms Act and Section 109 of B.N.S., Police Station Jawan, District Aligarh. 2. Learned counsel for the accused-applicant, contends that accused-applicant has been implicated by the police in the matter of cow slaughter, the police encounter and Arms Act in one go. It is further submitted that none of the police personnel suffered firearm injury, whereas accused himself suffered gunshot injury. It is further submitted that the arrest and recovery has not been made in the presence of independent witness. The applicant is languishing in jail for last more than six months. As such, he prays that the accused/applicant be enlarged on bail. 3. Learned A.G.A. has submitted that there is criminal history of four cases of similar nature to the credit of the accused-applicant. Case under Gangsters Act is also registered against the accused. As such, the accused is not liable to be enlarged on bail. 4. This Court has taken into consideration the rival submissions made by learned counsel for the parties and perused the records. 5. The record, prima facie, reveals that the charge-sheet has been submitted. The applicant is languishing in jail since last six months. The arrest and recovery has been made in absence of independent witness. 6. Hence, without touching the merit of the case, the bail application is allowed. 7. The accused/applicant-Aurangzeb Alias Azhar 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 court concerned. Order Date :- 3.7.2025 MN/- (Avnish Saxena,J.) Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad