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2025 DAILYLAW 182781 (ALL)

TAUFEEQUE @ BHURJI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO.

BAIL/11519/2025 · 2025-12-05

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11519 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. Learned counsel for the applicant contends that the applicant is innocent and has been falsely implicated in the present case. It is submitted that for the same incident, two separate FIRs have already been registered as Case Crime No. 276 of 2024 and Case Crime No. 76 of 2025 under Sections 3/5/8 of the U.P. Prevention of Cow Slaughter Act, 1955 at Police Station B.K.T., District Lucknow. The alleged offence is triable by a Magistrate. It is further argued that the alleged recovery is fabricated and there is no independent witness supporting it. It is also pointed out that co-accused Jalal @ Ansar has been granted bail by this Court vide order dated 12.11.2025 in Criminal Misc. Bail Application No. 10328 of 2025. The applicant has explained his criminal antecedents involving four cases in paragraph 10 of the bail application. He is in custody since 09.04.2025, and the charge sheet has already been submitted. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Versus Counsel for Applicant(s) : Mohd. Shahid Akhtar Counsel for Opposite Party(s) : G.A. Taufeeque @ Bhurji .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. .....Opposite Party(s) On due consideration to the facts that co-accused has been granted bail, the absence of any independent witness to the alleged recovery, the offence being triable by a Magistrate, the explanation of criminal history involving four cases, and the fact that the applicant is in languishing in jail since 09.04.2025, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Taufeeque @ Bhurji, involved in Case Crime No.121 of 2025, Under Section: 3/5/8 of U.P. Prevention of Cow Slaughter Act, 1955 and Under Section 4/25 of Arms Act Police Station: B.Κ.Τ., District: Lucknow, be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to 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. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. December 5, 2025 R.C. BAIL No. 11519 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench