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Neutral Citation No. - 2025:AHC:83385 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7049 of 2025 Applicant :- Ballu @ Ikbal Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Akbar Shah Alam Khan Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant and Shri Purushottam Maurya, learned AGA for the State and perused the record. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed on behalf of applicant, Ballu @ Ikbal, with a prayer to release him on bail in Case Crime No. 15 of 2025, under Sections 3/5A/8 of U.P. Prevention of Cow Slaughter Act, 1955, Police Station- Ratanpuri, District Muzaffarnagar. As per the prosecution case, it is alleged that during police checking, two persons were caught and from container of the vehicle, one live cattle was found. Learned counsel for the applicant submits that there is no independent witness of the recovery. Offence is triable by magistrate. co-accused Shahid has been granted bail by this Court in Criminal Misc. Bail Application No. 6883 of 2025 vide order dated 01.04.2025. The applicant is languishing in jail since 24.01.2025 and he has no criminal antecedent. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the fact that there is no report of the scientific laboratory; there is no independent witnesses of the alleged recovery, coupled with the fact that the applicant is languishing in jail since 24.01.2025 without having any criminal antecedents and without expressing any opinion on the merits of
the case, I find it to be a fit case for enlarging the applicants on bail. Accordingly, the bail application is allowed.
Let the applicant- Ballu @ Iqbal involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
Order Date :- 19.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad