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2025 DAILYLAW 22819 (ALL)

JUNAID @ JINDU v. STATE OF U.P.

BAIL/6741/2025 · 2025-05-05

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:72638 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6741 of 2025 Applicant :- Junaid @ Jindu Opposite Party :- State of U.P. Counsel for Applicant :- Rizwan Ahmad(Qureshi),Santosh Kumar Singh,Vishal Kumar Sonkar Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Rizwan Ahmad(Qureshi), learned counsel for the applicant, Sri Ajay 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- applicant, Junaid @ Jindu, seeking enlargement on bail in Case Crime No. 158 of 2015, under Sections 269 of the Indian Penal Code and Section 3/5/8 of Uttar Pradesh Prevention of Cow Slaughter Act, Police Station- Saidnagali, District- Amroha. 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 10.02.2025. Learned counsel for the applicant submits that recovery of 650 cow hide has been shown from the house of the applicant. He next submits that the applicant is a license holder which allows the applicant to collect and sell the hide of dead animals and running a firm, namely, M/s Pashu Shav Vichhedan Udyogic Sah Samiti Ltd. which is registered under the provision of U.P. Sahkari Samiti Adhiniyam, 1965. Learned counsel for the applicant submits that the seized hides were released in favour of the firm taking note of the fact that the hides were not of live animals or were stored in mysterious circumstances. Learned counsel for the applicant further submits that chargesheet has already been submitted by the Investigating Officer and no useful purpose would be served by detaining the applicant. He has no criminal antecedent 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, Junaid @ Jindu, 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 :- 6.5.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad