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2025 DAILYLAW 176939 (ALL)

JALAL @ ANSAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO.

BAIL/10328/2025 · 2025-11-12

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10328 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record. 2. The present bail application has been filed on behalf of the applicant in Case Crime No.121 of 2025, under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, 1955, Police Station B.K.T., District Lucknow, with the prayer to enlarge him on bail. 3. Learned counsel for the applicant submitted that the applicant is an innocent person and has been falsely implicated in the present case in the confessional statement of Taufiq and Aslam. He further submitted that charge sheet has already been filed and there is no possibility of tampering of evidences. The applicant is in jail since 20.5.2025. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail. The co-accused Mohd. Furkan has been enlarged on bail vide order dated 18.6.2025 passed in Bail No.5328 of 2025. 4. Learned A.G.A. opposed the prayer of the applicant for grant of bail. 5. On due consideration to the bail order of the co-accused, referred to above, role assigned to the applicant appears to be similar to that of the co-accused, the offences are triable by Magistrate, the applicant ha explained criminal history in para 11 of the bail application, the applicant is in jail since 20.5.2025, I am of the view that the applicant is entitled to be released on bail. 6. The bail application is allowed. on parity ground. 7. Let applicant Jalal alias Ansar, be released on bail in aforesaid Case Crime, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. Versus Counsel for Applicant(s) : Mohd. Shahid Akhtar, Pankaj Kumar Tripathi Counsel for Opposite Party(s) : G.A. Jalal @ Ansar .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. .....Opposite Party(s) (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A IPC./269 B.N.S. (v) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C.,/84 B.N.S.S. may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC./209 B.N.S. (vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. November 12, 2025 kkb/ BAIL No. 10328 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench