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2025 DAILYLAW 14988 (ALL)

FAISAL v. STATE OF U.P.

BAIL/3841/2025 · 2025-04-30

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:69105 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3841 of 2025 Applicant :- Faisal Opposite Party :- State of U.P. Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Manvendra Singh learned counsel for the applicant and Sri Ajay Singh, learned AGA for the State and perused the record. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed on behalf of applicant, Faisal with a prayer to release him on bail in Case Crime No. 01 of 2025, under Section 109 of B.N.S.S. and 3/25 Arms Act and Section 3/5A/8 of U.P. Prevention of Cow Slaughter Act, 1955, Police Station- Lalauli, District- Fatehpur. Learned counsel for the applicant submits that no offence as alleged in the FIR has been done by the applicant. Nothing incriminating has been recovered from possession of the applicant, but police planted false recovery and there is no independent witness of the recovery. Offence is triable by magistrate. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. Co-accused Shanu Kasai has been granted bail by this Court in Criminal Misc. Bail Application No. 5750 of 2025, vide order dated 23.04.2025. Applicant has one criminal antecedent which has been explained in the affidavit filed in support of bail application and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 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. Let the applicant- Faisal involved in the aforesaid case crime 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. (vi) In case, the applicant misuses the liberty of bail during trial, the trial court shall initiate proceedings against him, in accordance with law. Order Date :- 1.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad