Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 19957 (ALL)

MUKARRAM v. STATE OF U.P.

BAIL/5723/2025 · 2025-04-23

Ashutosh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:62832 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5723 of 2025 Applicant :- Mukarram Opposite Party :- State of U.P. Counsel for Applicant :- Dhiraj Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, Sri Rajesh Kumar Singh, learned AGA for the State-Respondent and perused the record. The present bail application has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No.10 of 2025, under Sections 3/5/8 of the U.P. Prevention of Cow Slaughter Act, Police Station Nagal, District Saharanpur. 3. Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. He submits that the applicant was not present on the spot and the Police has not been apprehended him from the spot. There is no recovery of 50 Kg beef or any other incriminating article from the possession of the applicant. The applicant is not involved in the aforesaid crime. He submits that in the present case, charge-sheet has been filed and the applicant is not required any custodial interrogation. There is no independent or public witness of the alleged incident. The applicant has no other criminal antecedents. He further submits that the applicant is languishing in jail since 17.01.2025 and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. The applicant has no criminal history. Hence, bail has been prayed for. 4. Learned AGA has vehemently opposed, but could not dispute the fact that nothing incriminating has been recovered from the possession of the applicant. 5. 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. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Mukarram, 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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. 8. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 24.4.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad