Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:35395 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8349 of 2025 Applicant :- Sabir Ali Opposite Party :- State of U.P. Counsel for Applicant :- Ashwani Kumar Pathak Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Ashwani Kumar Pathak,learned counsel for the applicant, Sri Umesh Kumar Singh, learned State Law Officer for the State-Respondent and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No.1212 of 2024, under Sections 3/5A/8 Prevention of Cow Slaughter Act and Section 11 Animal Cruelty Act, Police Station-Gulriha, 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 24.01.2025.
Learned counsel for the applicant submits that petitioner is the owner of the alleged vehicle and he has no concerned with the alleged incident. He next submitted that false recovery of bull was shown by the police.He 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 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, Sabir 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 :- 10.3.2025 Akbar Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad