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2025 DAILYLAW 32898 (ALL)

SAJID v. STATE OF U.P.

BAIL/10188/2025 · 2025-04-08

Ashutosh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:51451 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10188 of 2025 Applicant :- Sajid Opposite Party :- State of U.P. Counsel for Applicant :- Ashfaq Ahmed Ansari Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Ashfaq Ahmed Ansari, learned counsel for the applicant, Shri Mithilesh Kumar, learned AGA for the State- opposite party 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. 59 of 2025, under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, Police Station Sarsawa, District Saharanpur. 3. 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 17.02.2025. Police has recovered 15 Kg beef from the roof of applicant's room. Applicant and his family members are not residing in the said room. There is no public or independent witness of the alleged recovery. Nothing incriminating has been recovered from the possession or pointing out of the applicant. Applicant's have no criminal history, which is clearly explained in Para No. 13 of the bail application. 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. 4. Learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal history. 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, Sajid, 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. 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 :- 9.4.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad