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2025 DAILYLAW 171807 (ALL)

SHAMSHAD ALI v. STATE OF U.P.

BAIL/32898/2025 · 2025-10-28

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32898 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. 1. Supplementary affidavit filed today by learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant, Sri Yagvalkya Pandey, learned AGA for the State-Respondent and perused the record. 3. This bail application has been moved on behalf of accused-applicant, seeking enlargement on bail in Case Crime No. 383 of 2025, under Sections 3/5/8 U.P. Cow Slaughter Act, Police Station Mubarakpur, District Azamgarh. 4. Learned counsel for the applicant argued that the accused-applicant is innocent and he has been falsely implicated in this case crime number. He submits that the applicant has been assigned the role of the Driver of the alleged vehicle involved in the incident. He submits that the F.I.R. has been lodged against one unknown person and the name of the applicant came into light during the course of investigation. He submits that there is no recovery of beef and other animal from the possession of the applicant and the alleged recovery of one axe is planted by the Police. He submits that the applicant has criminal history of same nature as such the Police has falsely implicated the applicant only on the basis of suspicion. The applicant is not involved in the business of purchase and sale of the animals. There is no independent or public witness of the alleged incident. He further submits that the applicant is languishing in jail since 28.08.2025 and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. The applicant has criminal history of five other cases which has been Versus Counsel for Applicant(s) : Satya Prakash Singh, Seema Singh Counsel for Opposite Party(s) : G.A. Shamshad Ali .....Applicant(s) State of U.P. .....Opposite Party(s) explained in the supplementary affidavit. Hence, bail has been prayed for. 5. Learned AGA has vehemently opposed, but could not dispute the fact that nothing incriminating has been recovered from the possession of the applicant. 6. Considering all those 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. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Shamshad Ali, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 8. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. October 29, 2025 pks BAIL No. 32898 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad