Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:50661 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10141 of 2025 Applicant :- Uzair Khan Opposite Party :- State of U.P. Counsel for Applicant :- Jagadish Prasad Yadav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J.
1. Heard Shri Jagdish Prasad Yadav, learned counsel for the applicant and Shri Puneet Kumar Singh, learned AGA for the State-Respondents and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No. 326 of 2024, under Sections 3/5A /8 of the U.P. Prevention of Cow Slaughter Act, 1955, Section 11 of Animal Cruelty (Prevention) Act, 1960, 4/25 of arms Act and Section 3/1 of U.P. Gangster Act, Police Station-Gopiganj, District-Bhadohi. 3. Learned counsel for the applicant argued that the accused- applicant is innocent and have been falsely implicated in this case crime number. The applicant is languishing in jail since
17.12.2024. Learned counsel for the applicant submit that the recovery from the alleged vehicle of 30 live progenies and three knives have been shown. The recovery shown from the applicant is planted one. Applicant is only a driver of the vehicle in question. Neither any beef nor any other incriminating material has been recovered from the possession of the applicant. There is no independent witness of the aforesaid recovery. The applicant have criminal history of two cases and in both the cases applicant is on bail, which is explained in para no. 20 of the bail application and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Co-accused namely Azam and Mohd. Islam have already been released on bail vide order dated 10.03.2025 passed in Crl. Misc. Bail Application No. 8258 of 2025. Applicant is seeking parity. Hence, bail has been prayed for. 4. Learned AGA has vehemently opposed, but could not dispute
the aforesaid facts. 5. Considering all those 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. 6. Accordingly, the bail application is allowed. 7.
Let the accused-applicant, Uzair Khan, 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 their personal appearance is exempted through counsel by the court concerned. 8. 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 :- 8.4.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad