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2025 DAILYLAW 30494 (ALL)

ABBU SAHAMA AND ANOTHER v. STATE OF U.P.

BAIL/9187/2025 · 2025-03-18

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:39489 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9187 of 2025 Applicant :- Abbu Sahama And Another Opposite Party :- State of U.P. Counsel for Applicant :- Manish Joshi,Usha Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicants, Shri R. K. Mishra, 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- applicants, Abbu Sahama and Mahboob Alam, seeking enlargement on bail in Case Crime No. 19 of 2025, under Sections 109 of the Bharatiya Nyaya Sanhita, 2023, Sections 3, 5A, 8 U.P. Prevention of Cow Slaughter Act, Section 11 of Prevention of Cruelty to Animals Act, and Section 3/25 of Arms Act, Police Station Adalhaat , District Mirzapur. Learned counsel for the applicants argued that the accused- applicants are innocent. They have been falsely implicated in this very case crime number and are languishing in jail since 21.1.2025. Learned counsel for the applicants submits that no beef was recovered. Live animals were recorded. Applicants are neither owner nor driver of the alleged container or car. The recovery is alleged to be effected from open place, but no independent eye witnesses was associated at the time of recovery. They have 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-applicants, Abbu Sahama and Mahboob Alam , 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 applicants will not tamper with the evidence. 2. The applicants will not indulge in any criminal activity. 3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicants 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 their bail. Order Date :- 19.3.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad