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2025 DAILYLAW 37271 (ALL)

IMTIYAZ v. STATE OF U.P.

BAIL/11200/2025 · 2025-04-06

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:49497 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11200 of 2025 Applicant :- Imtiyaz Opposite Party :- State of U.P. Counsel for Applicant :- Mohammed Shadan,Mohd. Aslam Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, learned AGA for the State-Respondent and perused the record. 2. The present bail application has been moved on behalf of accused-applicant, seeking enlargement on bail in Case Crime No. 55 of 2025, under Sections 109, 3(5) of B.N.S. and Sections 3/5/8 of The U.P. Prevention of Cow Slaughter Act, Police Station Mansoorpur, District Muzaffar Nagar. 3. Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. He submits that there is no recovery of cow progeny or cow meat or any other incriminating article from the possession of the present applicant. There is no independent or public witness of the alleged incident. The applicant has not shot any firearm upon the Police personnel and no Police personnel has received any firearm injury during the course of alleged incident. False recovery of country made pistol and cartridge have been shown by the Police. The applicant is not involved in the business of slaughtering. He submits that the applicant is languishing in jail since 28.02.2025 and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant submits that co-accused Naushad has already been enlarged on bail by co-ordinate Bench of this Court on 2.4.2025 in Criminal Misc. Bail Application No. 10625 of 2025. Hence, bail has been prayed for 4. Learned AGA has vehemently opposed, but could not dispute the fact that nothing incriminating has been recovered from the possession of the applicant. 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, Imtiyaz, 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 :- 7.4.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad