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2025 DAILYLAW 157026 (ALL)

TASLEEM v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO.

BAIL/7500/2025 · 2025-08-12

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46997 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7500 of 2025 Applicant :- Tasleem Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. Counsel for Applicant :- Amit Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Amit Kumar, learned counsel for the applicant, Shri Amit Kumar Dwivedi, learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.325 of 2024 under Sections 303(2) of B.N.S. and 3/5/8 of Cow Slaughter Act registered at Police Station- Neemgaon, District- Lakhimpur Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 06.10.2024 stating that some unknown persons had stolen two bulls of the informant. Remains of bulls were found from a field. 4. The police claims to have intercepted a Car. Driver of the Car Mursheed and another person Vakeel Ahmad were arrested by the police and two Quintal flesh was recovered from the vehicle which was a Hyundai Getz Car. 5. In the custodial statements, both the accused persons stated that three persons, including the applicant,were involved in commission of the offence and they had escaped. 6. On the basis of aforesaid custodial statement, the applicant has been made an accused person in the present case and he has been taken into custody. 7. The applicant's involvement in 11 criminal cases has been disclosed in 20 of the bail application, in all of which the applicant has been granted bail. 8. The learned counsel for the applicant has submitted that Hyundai Getz Car is a small hatchback car and it is not possible that five persons sit in the car while at the same time, two Quintal flesh is loaded in it. 9. Learned A.G.A. has vehemently opposed the bail application and he has submitted that allegations levelled in the FIR have been established during investigation and a charge-sheet has been submitted on 09.06.2025 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has been implicated in the present case solely on the basis of custodial statement of a co-accused person; the applicant is languishing in jail since 30.05.2025 whereas the investigation stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid case. 11. Accordingly, this bail application stands allowed. 12. Let the applicant- Tasleem be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. . [Subhash Vidyarthi, J.] Order Date :- 12.8.2025/-Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench