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2025 DAILYLAW 23365 (ALL)

BAHEED @ ADIYA v. STATE OF U.P.

BAIL/7458/2025 · 2025-03-03

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:30849 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7458 of 2025 Applicant :- Baheed @ Adiya Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Waseem Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Mohammad Waseem, learned counsel for the applicant and Shri R.K. Nishad, learned brief holder 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, Baheed Alias Adiya, seeking enlargement on bail in Case Crime No. 160 of 2024, under Section 3/5/8 of U.P. Prevention of Cow Slaughter Act, Police Station-Cantt. District- Bareilly. 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 30.05.2024. First Information Report has been lodged on 20.05.2024 against the unknown persons. Applicant was not arrested on the spot. The real fact is that the applicant was arrested by the police concerned from his house on 29.05.2024 and given gun shot injury on the leg of the applicant and has been falsely implicated the applicant. Recovery shown from the applicant is planted one. Subsequently two cases has been registered against the applicant 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, 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, Baheed Alias Adiya, 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. Order Date :- 4.3.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad