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2025 DAILYLAW 31859 (ALL)

FAKHRE ALAM v. STATE OF U.P.

BAIL/9616/2025 · 2025-04-06

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:49348 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9616 of 2025 Applicant :- Fakhre Alam Opposite Party :- State of U.P. Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed today is taken on record. Heard Shri Bharat Singh learned counsel for the applicant and Shri Manoj Kumar Singh, 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, Fakhre Alam, seeking enlargement on bail in Case Crime No. 209 of 2013, under Sections 3/5/8 of Cow Slaughter Act, Police Station-Sahaswan, District-Budaun. Learned counsel for the applicant argued that the accused- applicant is innocent and has been falsely implicated in this case crime number. The applicant is languishing in jail since 18.01.2025. Learned counsel for the applicant submits that First Information Report has been lodged against six persons but none of them were arrested from the spot and their names surfaced in the statement of wife of one of the alleged co-accused Wasir. Nothing incriminating has been recovered from the possession of the applicant. In the present case charge sheet has been filed against three persons including the applicant on 19.04.2013. Learned counsel for the applicant further submits that neither any notice under Section 41-A of Cr.P.C. has been served upon the applicant nor the applicant has received any summon or bailable warrant. He further submits that in the month of January, 2025 some police personnel came to the house of the applicant, at the that time the applicant was not present at home, they informed about pendency of the present case and on the said information the applicant himself has surrendered before the trial Court 18.01.2025 from where he was sent to jail. Criminal history of four cases has been explained in paragraph no. 25 of the affidavit filed in support of bail application 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-applicant, Fakhre Alam, 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 :- 7.4.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad