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2025 DAILYLAW 23439 (ALL)

AZAD ALI v. STATE OF U.P.

BAIL/6828/2025 · 2025-04-15

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:57073 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6828 of 2025 Applicant :- Azad Ali Opposite Party :- State of U.P. Counsel for Applicant :- Amrita Kashyap Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Ms. Amrita Kashyap, learned counsel for the applicant, Shri Ajay 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, Azad Ali , seeking enlargement on bail in Case Crime No. 377 of 2024, under Sections 3/5A/8 of U.P. Prevention of Cow Slaughter Act, Section 11 of Prevention of Cruelty to Animals Act, 1960 and Section 109 of B.N.S., 2023, 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 1.2.2025. Learned counsel for the applicant submits that the applicant was not named in the FIR and his name has been surfaced in the statement of co-accused, whereas no evidence for the involvement of the applicant in the present case has been found. On the basis of the statement of co-accused Raseed, who has been caught in another case crime, the police has arrested the applicant. No recovery has been made from the possession of the applicant and the applicant has not been caught committing any cruelty against the cattles, which has been alleged recovered from the vehicle. There is no independent eye witnesses of the alleged recovery and the story of the prosecution is totally false. Applicant has been falsely implicated in three more cases, which has been explained in paragraph No.16 of the affidavit filed in support of the bail application 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, Azad 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 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 :- 16.4.2025 SFH Digitally signed by :- SYED FAHIM HUSAIN High Court of Judicature at Allahabad