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Neutral Citation No. - 2025:AHC:89677 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9186 of 2025 Applicant :- Ikrar @ Kaliya Qureshi Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Tripathi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J.
1. Supplementary affidavit filed today, which is taken on record. 2. Heard Sri Sandeep Tripathi, learned counsel for the applicant, ShriVijendra Kumar, learned AGA for the State-respondents and perused the record. 3. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Ikrar @ Kaliya Qureshi, seeking enlargement on bail in Case Crime No. 14 of 2025, under Sections 109, 317 (5) of BNS ans Section 3/5/8 of Cow Slaughter Act as well as Section 3/25/27 of Arms Act, Police Station- Khalapar, District- Muzaffar Nagar. 4. 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 25.01.2025. It is submitted that similarly placed co-accused, Manshad @ Sona, Visar and Shadab @ Chida, have already been enlarged on bail of by this Bench by orders dated 18.03.2025, 19.03.2025 and 24.03.2025, passed in Criminal Misc. Bail Application Nos. 8988 of 2025, 9173 of 2025 and 9732 of 2025, copy of the bail orders produced by learned counsel for the applicant is taken on record. He further submitted that since the role of the applicant is identical to that of co-accused, Manshad @ Sona, Visar and Shadab @ Chida, who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. He has criminal antecedent of 15 cases, which has been explained in para 3 of the supplementary affidavit 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. 5. Learned AGA has vehemently opposed the prayer for bail. 6. 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. 7. Accordingly, the bail application is allowed. 8.
Let the accused-applicant, Ikrar @ Kaliya Qureshi 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. 9. 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 :- 26.5.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad