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2025 DAILYLAW 191937 (ALL)

IQBAL QURESHI AND ANOTHER v. STATE OF U.P.

BAIL/34012/2025 · 2025-10-13

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34012 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Ajay Kumar Mishra, learned counsel for the applicants and Shri Manoj Kumar Singh, 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-applicants, Iqbal Qureshi and Anwar Ansari, seeking enlargement on bail in Case Crime No. 228 of 2025, under Sections 3/5A/5B/8 of the U.P. Prevention of Cow Slaughter Act, 1955, Section 11 of Animal Cruelty (Prevention) Act, 1960, and Section 318 (4) B.N.S. Police Station-Chandauli, District-Chandauli. Learned counsel for the applicants argued that the accused-applicants are innocent and have been falsely implicated in this case crime number. The applicants are languishing in jail since 21.08.2025. Learned counsel for the applicants submit that the recovery from the alleged vehicle of 3 live progenies. The recovery shown from the applicants are planted one. Neither any beef nor any other incriminating material has been recovered from the possession of the applicants. There is no independent witness of the aforesaid recovery. The applicants have no criminal antecedents and there is no likelihood of their 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, but could not dispute the aforesaid facts. Versus Counsel for Applicant(s) : Ajay Kumar Mishra Counsel for Opposite Party(s) : G.A. Iqbal Qureshi And Another .....Applicant(s) State of U.P. .....Opposite Party(s) 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. Accordingly, the bail application is allowed. Let the accused-applicants, Iqbal Qureshi and Anwar Ansari, involved in above mentioned case crime number be released on bail, on their 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 applicants will not tamper with the evidence. 2. The applicants will not indulge in any criminal activity. 3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicants will appear regularly on each and every date fixed by the trial court, unless their 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 their bail. October 14, 2025 Deepak/ BAIL No. 34012 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad