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2025 DAILYLAW 192610 (ALL)

MOHD SHAKIR v. STATE OF U.P.

BAIL/35049/2025 · 2025-10-12

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35049 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Supplementary affidavit filed today is taken on record. Heard Shri Abdul Majid, learned counsel for the applicant and Shri Ajai Singh, learned AGA for the State-Respondents and perused the record. This bail application under Section 483 of Bharatiya Mohd. Shakir, seeking enlargement on bail in Case Crime No. 281 of 2025, under Sections 3/5A /8 of the U.P. Prevention of Cow Slaughter Act, 1955, Section 11 of Animal Cruelty (Prevention) Act, 1960, Police Station-Nigohi, District- Shahjahanpur. Learned counsel for the applicant argued that the accused-applicant is innocent and has been falsely implicated in this case crime number. The applicant is languishing in jail since 23.06.2025. Learned counsel for the applicant submits that neither the applicant was named in the First Information report nor he has been arrested from the spot. His name has been surfaced in the statement of the co-accuse who have been arrested from the spot. The recovery shown from the alleged vehicle of 5 live progenies. Neither any beef nor any other incriminating material has been recovered from the possession of the applicant. There is no independent witness of the aforesaid recovery.Criminal history of seven cases has been explained in paragraph no. 2 of the 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. Versus Counsel for Applicant(s) : Abdul Majid Counsel for Opposite Party(s) : G.A. Mohd Shakir .....Applicant(s) State of U.P. .....Opposite Party(s) Learned AGA has vehemently opposed, but could not dispute the aforesaid facts. 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-applicant, Mohd. Shakir, 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 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 his bail. October 13, 2025 Deepak/ BAIL No. 35049 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad