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2025 DAILYLAW 26957 (ALL)

MEHBOOB v. STATE OF U.P.

BAIL/8262/2025 · 2025-03-09

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:34524 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8262 of 2025 Applicant :- Mehboob Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Sunil Kumar Dwivedi, learned counsel for the applicant and Shri Yagyavalka Pandey, 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, Mahboob, seeking enlargement on bail in Case Crime No. 442 of 2024, under Sections 3/5Ka /8 of the U.P. Prevention of Cow Slaughter Act, 1955 Police Station Kotwali Shamli, District Shamli. 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 16.12.2024. Learned counsel for the applicant submits that the applicant is not named in the FIR. The name of the applicant surfaced in the statement of co-accused. Nothing incriminating material has been recovered from the possession of the applicant or on the pointing out of the applicant. No credible evidence with regard to cow slaughter has been collected by the Investigating Officer. Co-accused namely Saurabh, Shamim and Naseem, have been granted bail by this Court, in Criminal Misc. Bail Application No. 41659 of 2024 and 45020 of 2024, vide order dated 17.12.2024 and 03.01.2025, respectively. 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 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, Mehboob, involved in above mentioned case crime number be released on bail, on their 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 :- 10.3.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad