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2025 DAILYLAW 162424 (ALL)

AASIF v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/8438/2025 · 2025-09-04

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8438 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 5. Heard Sri Bharat Kumar Dixit, the learned counsel for the applicant as well as Smt. Shikha Sinha, the learned A.G.A.-I for the State and perused the record. 6. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 214 of 2025, under Sections 3/5/8 of Prevention of Cow Slaughter Act, registered at Police Station Kotwali Nagar, District Raebareli. 7. The aforesaid case has been registered on the basis of F.I.R. lodged by a Sub-Inspector of Police on 15.05.2025 against four persons, not including the applicant and 3-4 unknown persons, stating that a mukhbir had informed that some butchers had slaughtered a cow in a jungle in the night of 14/15.05.2025 and some remains of a cow progenies was recovered from the applicant. 8. On the condition of anonymity, some persons told that the named accused person were involved in commission of the offence. On the basis of this information, the named accused persons were taken into custody and in the custodial statements of co-accused persons stated about the applicant's involvement in commission of the offence. 9. The learned counsel for the applicant has submitted that one of the co-accused person, Salman has been granted bail by means of an order dated 26.06.2025 passed by a Co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 5708 of 2025. Another named Versus Counsel for Applicant(s) : Bharat Kumar Dixit Counsel for Opposite Party(s) : G.A. Aasif .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) accused person Iqbal @ Unna has been granted bail by means of an order dated 25.07.2025 passed by a Co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 6819 of 2025. Another co- accused Salma has already been granted bail by this court by means of an order dated 06.08.2025, passed in Criminal Misc. Bail Application No.7113 of 2025. 10. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is a a young man aged 20 years and he has been falsely implicated in the present case. The applicant's involvement in three other cases has been disclosed by filing a supplementary affidavit in all of which he has been granted bail. 11. The learned A.G.A.-I has opposed the prayer for bail but she could not dispute the aforesaid aspects of the matter. 12. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is a young man and that three co-accused persons have already been granted bail, I am of the view that the applicant is also entitled to be granted bail in the present case. 13. Accordingly, this bail application stands allowed. 14. Let the applicant-Aasif 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. September 4, 2025 Ram. BAIL No. 8438 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench