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2025 DAILYLAW 30555 (ALL)

MERAJ ANSARI v. STATE OF U.P.

BAIL/9142/2025 · 2025-03-18

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:39130 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9142 of 2025 Applicant :- Meraj Ansari Opposite Party :- State of U.P. Counsel for Applicant :- Monu Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Monu Upadhyay, learned counsel for the applicant, Shri Yagvalk 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, Meraj Ansari , seeking enlargement on bail in Case Crime No. 18 of 2025, under Sections 109, 3 (5) of the Bharatiya Nyaya Sanhita, 2023, Section 3/5A/8 Cow Slaughter (Prevention) Act and Section 11 (1) ठ Animal Cruelty Act, Police Station Bhitauli, District Maharajganj . 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 10.2.2025. Applicant was arrested after 20 days from the date of incident. No test identification parade was got conducted. Co-accused who has been arrested from the spot has already been enlarged on bail by co-ordinate Bench of this Court on 7.3.2025 in Criminal Misc. Bail Application No. 8185 of 2024. He has two cases of 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. Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but submits that similarly circumstanced aforesaid co- accused has already been granted bail by this Court. 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, Meraj Ansari, 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 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad