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Neutral Citation No. - 2025:AHC:68757 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6196 of 2025 Applicant :- Salamat Ali And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ajai Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Ajai Kumar Singh, learned counsel for the applicanst, Sri Anil 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, Salamat Ali and Abresh Ali, seeking enlargement on bail in Case Crime No. 385 of 2024, under Sections 3/8 of Cow Slaughter Act, Police Station - Sen Paschim Para, District- Kanpur Nagar.
Learned counsel for the applicant argued that the accused- applicants are innocent. They has been falsely implicated in this very case crime number and are languishing in jail since
16.12.2024. Learned counsel for the applicants submits that similarly placed co-accused, namely, Nasrul @ Aseem has already been enlarged on bail by this Court by order dated 05.03.2025 passed in Criminal Misc. Bail Application No. 7087 of 2025 copy of the bail order produced by learned counsel for the applicant is taken on record. He further submitted that since the role of the applicant is identical to that of co-accused, Nasrul @ Aseem who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. They has no criminal antecedents 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-applicants, Salamat Ali and Abresh Ali, 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 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.
Order Date :- 1.5.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad