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Neutral Citation No. - 2025:AHC:70643 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4388 of 2025 Applicant :- Jameel Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J.
1. Learned counsel fol the applicant has filed supplementary affidavit, which is taken on record. 2. Heard Sri Ashok Kumar Singh, learned counsel for the applicant, Shri Arimardan Yadav, learned AGA for the State- opposite party and perused the record. 3. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Jameel, seeking enlargement on bail in Case Crime No. 111 of 2024, under Sections 5A/8 of the Cow Slaughter Act, Police Station- Gulawathi, District -Bulandshahr. 4. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 03.12.2024. Applicant has criminal history of 21 case, which is explained in para no. 2 of the supplementary affidavit filed in support of the bail application, except present case and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 5. Learned counsel for the applicant submits that the applicant is not named in the FIR. His name has come into light after two months in the statement of co-accused Afzal and Arman, except confessional statement, there is no evidence against the applicant. Nothing has been recovered from the possession of the applicant. There is no independent witnesses of the alleged crime. The co- accused namely Sameer, Furkan, Arman and Nadeem have already been released on bail by coordinate Bench of this Court, vide orders dated 09.09.2024, 30.09.2024, 18.12.2024 and 21.11.2024 passed in Crl. Misc. Bail Application Nod. 31770 of 2024, 32774
of 2024, 32370 of 2024 and 34828 of 2024 respectively. Hence bail has been prayed for. 6. Learned AGA has vehemently opposed, but could not dispute the fact that applicant has criminal history of only one case. 7.
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. 8. Accordingly, the bail application is allowed. 9. Let the accused-applicant, Jameel, 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. 10. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 1.5.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad