RAFEEK v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
BAIL/6215/2025 · 2025-07-04
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 149460 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 149460 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:37991 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6215 of 2025 Applicant :- Rafeek Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Surendra Kumar Mishra,Divya Prakash 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.278 of 2025, under Sections 3/5/8 of Prevention of Cow Slaughter Act, P.S. Gola, District Kheri.
Learned counsel for applicant submits that applicant has not been arrested on the spot. Nothing has been recovered from the applicant. Applicant is not named in the F.I.R. He submits that the co-accused Munna Dudhai and Shaqil who were assigned the similar role have been granted bail by the Co-ordinate Bench of this Court vide order dated 24.06.2025 & 23.06.2025 passed in Criminal Misc. Bail Application Nos.5499 of 2025 & 5414 of 2025 to which he claims parity. The applicant has explained the criminal history of five cases in paragraph 14 of the bail application. Applicant is in jail since 04.05.2025. Learned A.G.A. has opposed the bail prayer however, could not dispute the fact that the role of the applicant is similar to that of aforesaid co-accused persons. On due consideration to the submissions advanced, perusal of
the record as also the fact that the applicant is languishing in jail since 04.05.2025, bail orders of aforesaid co-accused persons and the fact that applicant is not named in the F.I.R. and nothing has been recovered from the applicant hence without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed on the grounds of parity. Let the applicant Rafeek be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (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 269 of BNS.
(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 BNSS 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 209 BNS.
Order Date :- 4.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench