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Neutral Citation No. - 2025:AHC:67794 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3972 of 2025 Applicant :- Jeeshan Opposite Party :- State of U.P. Counsel for Applicant :- Ravindra Kumar Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J.
1. Heard Sri Ravindra Kumar, learned counsel for the applicant, Sri Arimardan Yadav, learned AGA for the State-Respondent and perused the record. 2. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, seeking enlargement on bail in Case Crime No. 602 of 2024, under Sections 3/5-Ka/8 of the U.P. Cow Slaughter Act, Police Station Kairana, District Shamli. 3. Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. He submits that the applicant has not been arrested from the spot. He submits that the recovery has made from one of the co-accused Farman alias Bhullar and not from the applicant. He submits that the applicant is not involved in any manner in the aforesaid case. There is no independent or public witness of the alleged incident. He further submits that the applicant is languishing in jail since 28.11.2024 and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. The co-accused namely Sajid @ Batar has already been granted bail vide orders dated 20.02.2025 passed by this Court in Criminal Misc. Bail Applications No. 620 of 2025. The applicant has criminal history of seven cases, which has been explained in the affidavit filed in support of the bail application as well as in the supplementary affidavit. Hence, bail has been prayed for. 4. Learned AGA has vehemently opposed, but could not dispute the fact that nothing incriminating has been recovered from the possession of the applicant. 5. 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. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Jeeshan, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties of Rs.
1 Lac each, 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. 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 :- 30.4.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad