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2025 DAILYLAW 45166 (ALL)

IRASHAD ALIAS DANGAR v. STATE OF U.P.

BAIL/13140/2025 · 2025-05-13

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:78729 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13140 of 2025 Applicant :- Irashad Alias Dangar Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed today is taken on record. Heard Shri Ashok Kumar Pandey, learned counsel for the applicant and Shri Ramendra Pal Singh, 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, Irashad Alias Dangar, seeking enlargement on bail in Case Crime No. 672 of 2022, under Sections 3/5 /8 of the U.P. Prevention of Cow Slaughter Act, 1955, Police Station- Dhoomanganj, District-Prayagraj. Learned counsel for the applicant argued that the accused- applicant is innocent and has been falsely implicated in this case crime number. The applicant is languishing in jail since 06.01.2025. Learned counsel for the applicant submits that First Information report was lodged against eight named persons. Only two persons namely Mohd. Akram and Faijuddin were arrested on the spot. Neither the applicant was arrested on the spot nor any beef or any other incriminating material has been recovered from the possession of the applicant. There is no independent witness of the aforesaid recovery. Criminal history of six cases has been explained in the affidavit filed in support of bail application as well as in the supplementary affidavit filed today and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. In the present case charge sheet has been filed on 03.04.2025 and there is no further need of any custodial interrogation of the applicant. Co-accused Mohd. Akamal and Faizuddin Shekh, who were arrested on spot and recovery was made from them, have been granted bail by a coordinate Bench of Court in Criminal Misc. Bail Application No. 49929 of 2022 and 53665 of 2022, vide orders dated 09.11.2022 and 25.11.2022. Hence, bail has been prayed for. Learned AGA has vehemently opposed, but could not dispute the aforesaid facts. 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. Accordingly, the bail application is allowed. Let the accused-applicant, Irashad Alias Dangar, 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 their 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 :- 14.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad