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2025 DAILYLAW 36932 (ALL)

ILIYAS v. STATE OF U.P.

BAIL/11163/2025 · 2025-04-06

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:49502 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11163 of 2025 Applicant :- Iliyas Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Ashok Kumar Yadav, learned counsel for the applicant, Shri Arimardhan Yadav, 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, Iliyas, seeking enlargement on bail in Case Crime No. 327 of 2022, under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, Police Station Sipri Bazar, District Jhansi . 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 16.2.2025. Learned counsel for the applicant submits that applicant is stated to have driver of the vehicle. Learned counsel for the applicant submits that applicant was not apprehended from the spot. Learned counsel for the applicant submits that applicant's name has surfaced on record on the basis of statement of co-accused Farookh, who was the erstwhile owner of the vehicle. Learned counsel for the applicant submits that co-accused Farookh has already been enlarged on bail by co-ordinate Bench of this Court on 23.11.2022 in Criminal Misc. Bail Application No. 51820 of 2022. He has no criminal antecedent 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, Iliyas , 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 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad