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Neutral Citation No. - 2025:AHC:88228 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9174 of 2025 Applicant :- Vikku Opposite Party :- State of U.P. Counsel for Applicant :- Quasim Khan,Shams Uz Zaman Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Yashin, learned Advocate, holding brief of Mr. Quasim Khan, learned counsel for the applicant, Shri Arivardhan Yadav, 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, Vikku, seeking enlargement on bail in Case Crime No.528 of 2024, under Sections 3/5A/8 of Cow Slaughter Prevention Act and 3/11 of Animal Cruelty Act, Police Station- Baraut, District- Baghpat.
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
07.08.2024. Learned counsel for the applicant submits that similarly circumstanced co-accused Bhutto @ Brajpal has already been enlarged on bail by co-ordinate Bench of this Court on 6.11.2024 in Criminal Misc. Bail Application No.39056 of 2024. 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. 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. Having heard and gone through materials placed on record, it is apparent that co-accused person namely Bhutto @ Brajpal has already been accorded bail by a co-ordinate Bench of this Court and applicant is not a previous convict. 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, Vikku , 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 :- 23.5.2025 Sachin Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad