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2025 DAILYLAW 32247 (ALL)

FAISAL AND ANOTHER v. STATE OF U.P.

BAIL/10537/2025 · 2025-04-04

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:48806 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10537 of 2025 Applicant :- Faisal And Another Opposite Party :- State of U.P. Counsel for Applicant :- Chandrama Singh,Rajesh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicants, Shri D.P.S. Chauhan, 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- applicants, Faisal and Asif, seeking enlargement on bail in Case Crime No. 29 of 2025, under Sections 3/5A/5B/8 of U.P. Prevention of Cow Slaughter Act and Section 11 of Prevention of Cruelty of Animals Act, 1960, Police Station Alinagar, District Chandauli. Learned counsel for the applicants argued that the accused- applicants are innocent. They have been falsely implicated in this very case crime number and are languishing in jail since 28.1.2025. Learned counsel for the applicants submits that as per recovery shown from the prosecution, six cow and two calf were recovered. There is no recovery of meat. At the time of recovery, no independent witnesses were associated by the Police Party. Applicants have no criminal antecedent and there is no likelihood of their 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-applicants, Faisal and Asif, involved in above mentioned case crime number be released on bail, on their 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 applicants will not tamper with the evidence. 2. The applicants will not indulge in any criminal activity. 3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicants 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. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail. Order Date :- 5.4.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad