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2025 DAILYLAW 32890 (ALL)

SAKIR AND ANOTHER v. STATE OF U.P.

BAIL/9982/2025 · 2025-04-16

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:56259 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9982 of 2025 Applicant :- Sakir And Another Opposite Party :- State of U.P. Counsel for Applicant :- Faizur Rahman Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed today is taken on record. Heard Shri Faizur Rahman, learned counsel for the applicants and Shri Purshottam Maurya, 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, Sakir and Altaf, seeking enlargement on bail in Case Crime No. 29 of 2025, under Sections 318 (4), 338, 336 (3), 340 (2) B.N.S., 207 M.V. Act, Section 11 of Animal Cruelty (Prevention) Act, 1960, and 3/5 (Kh) of Cow Slaughter (Prevention) Act, Police Station-Tirwa, District Kannauj. Learned counsel for the applicant argued that the accused- applicants are innocent and have been falsely implicated in this case crime number. The applicants are languishing in jail since 20.01.2025. Learned counsel for the applicants submit that the First Information Report has been lodged against 8 named accused persons including the applicant. Recovery shown from the alleged vehicle of 8 alive cows, one live calf, one calf and one dead heifer. Neither any beef nor any other incriminating material has been recovered from the possession of the the applicants. There is no independent witness of the aforesaid recovery. Criminal history of three cases against both the applicants has been explained in paragraph nos. 2 and 3 of the supplementary affidavit 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, but could not dispute the aforesaid facts. 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. Accordingly, the bail application is allowed. Let the accused-applicants, Sakir and Altaf, 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 :- 17.4.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad