HANIF v. STATE OF U.P. THRU. ADDL. PRIN. SECY. HOME DEPTT. LKO.
BAIL/5107/2025 · 2025-06-05
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 142863 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 142863 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:34738 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5107 of 2025 Applicant :- Hanif Opposite Party :- State Of U.P. Thru. Addl. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Dharmendra Bahadur Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.74 of 2024, under Section 174A Indian Penal Code, Sections 3/5Ka/8 Cow Slaughter Prevention Act, Police Station Ajgain, District Unnao. As per the prosecution case, it is alleged that after receiving information from the informer who were received information that some persons are in process of transporting animal for the purpose of slaughtering animal. Acting upon the aforesaid information, it was urged that the police personnel confiscated a vehicle and ten persons are said to have been apprehended including the applicant.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. The applicant has explained the criminal history in paragraph 11 of the bail application, in which he has already been enlarged on bail. Copies of the relevant bail orders have been annexed as Annexure Nos. 2 to 5 to the bail application. It is further submitted that the applicant has been in jail since 29.04.2025.
Learned counsel for the applicant submits that co-accused persons, namely Mohammad Danish and Chhanga, have been granted bail by coordinate Bench of this Court vide orders dated 09.05.2024 and 07.05.2024, respectively, in Criminal Misc. Bail Application Nos. 4103 of 2024 and 4879 of 2024. Copies of the said bail orders are annexed as Annexure No. 6 to the bail application. The applicant seeks parity with the co-accused persons who have already been granted bail. It is lastly submitted that there is no possibility of the applicant of fleeing away
after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. has opposed the prayer for bail. On due consideration of the submissions advanced, perusal of the record, and taking into account the fact that the applicant is in jail since 29.04.2025, that the applicant has duly explained his criminal history, that the offences are triable by a Magistrate, and that co-accused persons have been granted bail by a coordinate Bench of this Court, and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, bail application is allowed. Let the applicant, Hanif involved in aforesaid case crime number be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with
law, under Section 174-A of the Indian Penal Code.
Order Date :- 5.6.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench