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2025 DAILYLAW 20614 (ALL)

RASHID ALIAS JUBAIR QURESHI ALIAS KALIA v. STATE OF U.P.

BAIL/5899/2025 · 2025-04-29

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:67720 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5899 of 2025 Applicant :- Rashid Alias Jubair Qureshi Alias Kalia Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Shaafi,Shujauddin Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed by learned counsel for the applicant is taken on record. Heard Shri Shujauddin learned counsel for the applicant, Shri Arimardan Yadav, 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, Rashid Alias Jubair Qureshi Alias Kalia, seeking enlargement on bail in Case Crime No. 377 of 2024, under Sections 3/5A/8 Prevention of Cow Slaughter Act, Section 11 Animal Cruelty Act and Section 109 of BNS, Police Station Sikariganj, District Gorakhpur. 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 16.1.2025. Learned counsel for the applicant submits that applicant was not named in the FIR. After four months of registration of FIR, his name surfaced on record on the basis of statement of co-accused. Applicant was not present on the spot nor any recovery whatsoever has been effected from the applicant. He has 13 cases of criminal antecedent which have sufficiently been explained 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, Rashid Alias Jubair Qureshi Alias Kalia, 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. Order Date :- 30.4.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad