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2025 DAILYLAW 158123 (ALL)

KONAIN ABBAS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO.

BAIL/7702/2025 · 2025-08-19

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48481 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7702 of 2025 Applicant :- Konain Abbas Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. Counsel for Applicant :- Syed Ahmad Mehdi,Saniya Ansari Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Syed Ahmad Mehdi, the learned counsel for the applicant as well as Sri Mayank Sinha, the learned A.G.A. for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 334 of 2025, under Section 3/5/8 of Uttar Pradesh Prevention of Cow Slaughter Act, 1955, registered at Police Station Inayat Nagar, District Ayodhya. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 11.07.2025, stating that a calf of the informant had gone missing in the night of 10.07.2025 and the informant had found some remains of the calf amongst the bushes in a jungle. 4. The police claimed to have arrested four persons, including the applicant, on the basis of information received from a mukhbir. Rs.1,260/- was recovered from the applicant. 100 grams of flesh was recovered from the plastic bag carried by co-accused Kashif and head of the calf was recovered from a latrine, on the pointing out of the co-accused Firdaus. In their custodial statements, the accused persons confessed their involvement in commission of the offence. 5. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 19 years having no criminal history and he has been falsely implicated in the present case. 6. The learned A.G.A. has opposed the bail application and the has submitted that the involvement of the applicant in commission of the offence has been established during investigation and a charge-sheet has already been submitted on 05.08.2025. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that besides custodial confessional statements, there appears to be nothing to established the involvement of the applicant in commission of the offence and merely Rs. 1260/- have been recovered from the applicant, coupled with the fact that the applicant is a young man having no criminal history and he is languishing in jail since 11.07.2025 whereas the investigation already 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. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Konain Abbas be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the 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 :- 19.8.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench