Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 24957 (ALL)

USMAN v. STATE OF U.P.

BAIL/7510/2025 · 2025-03-03

Ashutosh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:30368 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7510 of 2025 Applicant :- Usman Opposite Party :- State of U.P. Counsel for Applicant :- Gambhir Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant and Shri R.K.Srivastava, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, has been moved on behalf of accused- applicant, Usman, seeking enlargement on bail in Case Crime No. 632 of 2024, under Section 191 (2), 191 (3), 109 (1), 190, 352, 351 (3), 117 (2), 118 (1) B.N.S. and Section 11 of Prevention of Cruelty to Animals Act 1960, Police Station-Bahjoi, District- Sambhal. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number. First Information Report has been lodged on 16.11.2024 against seven named persons including the applicant with the allegation that the accused persons have attacked an bull and injured with Bhala and when the informant said them to give treatment they attacked upon the injured persons. General role has been assigned to the applicant. No specific role has been assigned against the applicant. Nothing incriminating has been recovered from the applicant. The applicant 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, but could not dispute the fact that no specific role has been assigned to the applicant. 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, Usman, 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 :- 4.3.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad