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2025 DAILYLAW 189195 (ALL)

NIZAKAT ALI v. STATE OF U.P.

BAIL/33054/2025 · 2025-10-14

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33054 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Arvind Kumar, learned counsel for the applicant, Shri Vijendra Kumar, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Nizakat Ali, seeking enlargement on bail in Case Crime No. 164 of 2021, under Sections 3/5/8 of Cow Slaughter Act and Section 11 of Animal Cruelty Act, Police Station Saurikh, District Kannauj during the pendency of the trial before the Court below. 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 11.8.2025. Learned counsel for the applicant submits that earlier applicant was granted bail by Trial Court on 3.6.2021. But due to non appearance before the Court below, non bailable warrant against the applicant was issued. When the applicant came to knowledge about issuance of non bailable warrant, he surrendered himself before the Court below and since then he is in judicial custody. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting Versus Counsel for Applicant(s) : Arvind Kumar Counsel for Opposite Party(s) : G.A. Nizakat Ali .....Applicant(s) State of U.P. .....Opposite Party(s) 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. Let the accused-applicant, Nizakat 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: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. 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. 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 15, 2025 Ravi Prakash BAIL No. 33054 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad