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2025 DAILYLAW 29434 (ALL)

NISHAD ALIAS CHEEPA v. STATE OF U.P.

BAIL/8902/2025 · 2025-05-16

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:82632 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8902 of 2025 Applicant :- Nishad Alias Cheepa Opposite Party :- State of U.P. Counsel for Applicant :- Abhay Krishna Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed today by learned counsel for the applicant is taken on record. Heard Sri Abhay Krishna Singh, learned counsel for the applicant, Sri Anil Kumar Singh, learned AGA for the State-Respondent and perused the record. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, seeking enlargement on bail in Case Crime No. 453 of 2024, under Sections 3/5/8 of the U.P. Cow Slaughter Act, Police Station Kotwali Dehat, District Bulandshahar. Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. He submits that the F.I.R. has been lodged against unknown person and the name of the applicant came into light during the course of investigation in the statement of co- accused. The allegation of slaughtering against the applicant is false. The Police has shown false recovery memo. There is no independent public witness of the alleged incident. The applicant has criminal history of 18 cases to his credit, which has been explained in the affidavit filed in support of the bail application as well as in the supplementary affidavit. He further submits that the applicant is languishing in jail since 11.08.2024 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 submission raised by learned counsel for 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, Nishad Alias Cheepa, 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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 :- 17.5.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad