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2025 DAILYLAW 18084 (ALL)

TAUKEER AHMAD v. STATE OF U.P.

BAIL/4925/2025 · 2025-04-24

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:64017 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4925 of 2025 Applicant :- Taukeer Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Anjeet Kumar Singh Jadav,Ashok Kumar Yadav,Varun Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Sri Ajay Singh, learned AGA for the State-Respondent and perused the record. 2. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, seeking enlargement on bail in Case Crime No. 8 of 2025, under Sections 319(2), 318(4), 338, 336(3), 340(2), 61(2)(Ka) of the B.N.S. and Section 11 of Prevention of Cruelty to Animals Act, Police Station Nawabganj, District Prayagraj. 3. 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 is the Driver of the alleged vehicle from which the animals have been recovered and at the behest of owner of the vehicle he was transporting the animals. The allegation of transporting the animals for slaughtering is false. There is no recovery of cow progeny or cow meat or any other incriminating article from the possession of the present applicant. 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 06.01.2025 and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. The co-accused namely Gufran, Mobin alias Akil and Sadan have already been granted bail vide orders dated 10.01.2025, 16.01.2025 and 09.01.2025 passed by the Lower Court. The applicant has no criminal history. Hence, bail has been prayed for. 4. Learned AGA has vehemently opposed, but could not dispute the fact that nothing incriminating has been recovered from the possession of the applicant. 5. 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. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Taukeer Ahmad, 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. Order Date :- 25.4.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad