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Neutral Citation No. - 2025:AHC:38980 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9073 of 2025 Applicant :- Iqbal Khan Opposite Party :- State of U.P. Counsel for Applicant :- Ehtesham Afsar Khan Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Ehtesham Afsar Khan, learned counsel for the applicant and Shri Manoj Kumar Singh, learned A.G.A. for the State as well as perused the record. This bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, has been moved on behalf of accused- applicant, Iqbal Khan, seeking enlargement on bail in Case Crime 526 of 2024, under Sections 3/5/8 of the U.P. Prevention of Cow Slaughtering Act, Police Station-Bithari Chainpur, District- Bareilly.
Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in the present case and is languishing in jail since 20.09.2024. Learned counsel for the applicant submits that only on the basis of clinical analysis of the recovered skelton, the applicant has been implicated in the present case. No recovery of meat has been made from the possession of the applicant. Recovery of 1 rope and one country made pistol shown from the possession of the applicant is planted one as there is no independent witness of the said recovery. Co- accused Pappu, Arif and Haneef @ Billa, have been granted bail by this Court in Criminal Misc. Bail Application No. 40862 of 2024, 40985 of 2024 and 40955 of 2024, vide order dated 16.12.2024, 16.12.2024 and 06.02.2025. Applicant has no criminal antecedents 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 A.G.A. has vehemently opposed the prayer for bail 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, Iqbal Khan, 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 :- 19.3.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad