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2025 DAILYLAW 192419 (ALL)

HAFEEJ v. STATE OF U.P.

BAIL/34464/2025 · 2025-10-13

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34464 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard learned counsel for the applicant, learned AGA for the State- respondent and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Hafeej, seeking enlargement on bail in Case Crime No. 223 of 2025, under Sections3/5/8 Prevention of Cow Slaughter Act, Police Station Sheeshgarh, District Bareilly, 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 5.8.2025. Learned counsel for the applicant submits that the applicant has no concern with the meat recovered from the spot. The co-accused Smt. Najiya arrested from the spot has been bailed out on 15.09.2025 by a Coordinate Bench of this Court in Cr. Misc. Bail Application No. 31366 of 2025. The applicant has criminal history of four cases which has been explained in supplementary affidavit 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 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, Hafeej, involved in above mentioned case Versus Counsel for Applicant(s) : Mohd. Ashraf Counsel for Opposite Party(s) : G.A. Hafeej .....Applicant(s) State of U.P. .....Opposite Party(s) 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 14, 2025 Gss BAIL No. 34464 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- GIRAJA SHANKER SHARMA High Court of Judicature at Allahabad