Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 151580 (ALL)

ANEES v. STATE OF U.P. THRU. ITS SECY. DEPTT. OF HOME AFFAIRS LKO.

BAIL/6580/2025 · 2025-07-17

Karunesh Singh Pawar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:40860 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6580 of 2025 Applicant :- Anees Opposite Party :- State Of U.P. Thru. Its Secy. Deptt. Of Home Affairs Lko. Counsel for Applicant :- Akhilesh Pratap Singh,Ashutosh 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.0118 of 2025, under Sections 109(1)/3(5) BNS and Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, P.S. Kandhai, District Pratapgarh. In the prosecution case it is alleged that from the joint possession of the accused persons 80 kg beef is said to have been recovered. The other incriminating articles such as remains of the cow progeny as well as iron knife etc. has also been recovered. Learned counsel for applicant submits that there is no recovery from the applicant. The alleged recovery shown from the joint possession of the applicant as well as co-accused persons is false. There is no independent witness to the recovery. Even as per the admitted case of the prosecution, no weapon has been recovered from the applicant. No case under Section 109 BNSS is made out inasmuch as no one is injured from the police side neither there is any specific allegation on the applicant of the firing. He submits that the applicant is in jail since 27.05.2025. It is further submitted that co-accused Mujeeb @ Mujji has been granted bail by this Court vide order dated 10.7.2025 passed in Criminal Misc. Bail Application No.6398 of 2025, Mujeeb @ Mujji vs. State of U.P. and others. He claims parity with the bail order of co- accused Mujeeb @ Mujji. Learned A.G.A. has opposed the bail prayer and has submitted that the applicant has criminal history of one case belongs to the cow slaughter. The recovery of meat has been recovered from the motorcycle of the applicant. It is not a case of parity. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 27.05.2025, applicant has explained the criminal history in paragraph 14, offences are triable by magistrate, prima facie does not appear that anyone from the police side is injured or any weapon has been recovered from the applicant, co-accused, named above, has been granted bail by this Court and 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. Let the applicant Anees 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 229-A of the Indian Panel Code (now 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 82 Cr.P.C. (now 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 174-A of the Indian Panel Code (now Section 209 BNS). Order Date :- 17.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench