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2025 DAILYLAW 14077 (ALL)

ABDUL SALAM v. STATE OF U.P.

BAIL/3427/2025 · 2025-04-27

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:66446 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3427 of 2025 Applicant :- Abdul Salam Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Mohd. Sushil Kumar Pandey, learned counsel for the applicant, Sri Anil Kumar Singh, learned AGA for the State- respondents and perused the record. 2. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Abdul Salam, seeking enlargement on bail in Case Crime No. 213 of 2024, under Section 3/5A/8 of Cow Slaughter Act, P.S.- Kakrauli, District- Muzaffar Nagar, during pendency of the trial in the Court below. 3. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 27.12.2024. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant submits that the applicant is not named in the FIR. Applicant's name disclosed in the statement of the co-accused. Nothing incriminating has been recovered from the possession of the applicant. There is no independent witness of the alleged recovery. The offence is triable by the magistrate. The place of occurrence of the alleged incident has been shown in the open filed, as such the applicant has no concern with the other co-accused persons nor the place of occurrence. It is next submitted that the applicant is fully innocent and nothing to do with the alleged crime in any manner. Hence, bail has been prayed for. 4. Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts. 5. 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. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Abdul Salam, 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. 8. 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 :- 28.4.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad