Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 12259 of 2025 Court No. - 67 HON'BLE SANJAY KUMAR SINGH, J. Heard learned counsel for the applicant and learned Additional Government Advocate representing the State. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 51 of 2025, under Sections 5/8 Cow Slaughter Act and Section 4/25 Arms Act, Police Station Gagalhedi, District Saharanpur, during the pendency of trial. It is argued by learned counsel for the applicant that the applicant has been falsely implicated in this case. As per prosecution case, it is alleged that the applicant and co-accused-Mursalin were apprehended by the police along with 10-12 kg beef, whereas no independent witness of the alleged recovery. Much emphasis has been given by contending that there is no compliance of Section 105 B.N.S.S., hence the recovery is doubtful. The applicant has no criminal antecedent and he is languishing in jail since 24.03.2025. Lastly, it is submitted by learned counsel for the applicant that charge sheet has been submitted in this case and there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case. Per contra, learned Additional Government Advocate for the State opposed the prayer for bail of the applicant but could not dispute the above factual aspect of the matter as argued on behalf of the applicant. Considering the overall facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of Versus Counsel for Applicant(s) : Faizan Ahmad, Mohd. Kalim, Sanjeet Kumar Mishra Counsel for Opposite Party(s) : G.A. Arshad .....Applicant(s) State of U.P. .....Opposite Party(s)
the accused and submissions of the learned counsel for the parties, I am of the view that prima facie, the applicant has made out a case for bail. Hence, the bail application is hereby allowed.
Let the applicant-Arshad, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions: (i) That the applicant shall cooperate with the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. It is made clear that the observations contained in the instant order are confined to the issue of bail only and shall not affect the merit of the trial. September 9, 2025 Kashifa BAIL No. 12259 of 2025 2 (Sanjay Kumar Singh,J.) Digitally signed by :- KASHIFA High Court of Judicature at Allahabad