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2025 DAILYLAW 37748 (ALL)

SABBU v. STATE OF U.P.

BAIL/12355/2025 · 2025-04-15

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:55748 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12355 of 2025 Applicant :- Sabbu Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Sushil Kumar Pandey, learned counsel for the applicant, Shri Mithlesh Kumar, 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, Sabbu, seeking enlargement on bail in Case Crime No. 98 of 2025 , under Sections 3/5(A), 5(B)/8 Cow Slaughter Act, Police Station Nai Mandi, District Muzaffar Nagar. 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 28.2.2025. Learned counsel for the applicant submits that there is no recovery of beef from the possession of the applicant. Only role of transporting the animals have been assigned to the applicant. During interception, seven cow and one calf was recovered from the canter and all are alive.Learned counsel for the applicant submits that similarly circumstanced co-accused Afzal has already been enlarged on bail by this Court on 11.4.2025 in Criminal Misc. Bail Application No. 11909 of 2025. He has one case of criminal antecedent, which have sufficiently been explained 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, Sabbu , 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 :- 16.4.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad