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2025 DAILYLAW 47943 (ALL)

AZAD v. STATE OF U.P.

BAIL/14907/2025 · 2025-05-22

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:88249 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14907 of 2025 Applicant :- Azad Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Monis Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed today is taken on record. Heard Shri Mohd. Monis, learned counsel for the applicant and Shri R.K.Gupta and Shri Arimardan 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, Azad, seeking enlargement on bail in Case Crime No. 579 of 2012, under Sections 3/5/8 of the U.P. Prevention of Cow Slaughter Act, 1955, Police Station-Akbarpur, District-Kanpur Dehat. Learned counsel for the applicant argued that the accused- applicant is innocent and has been falsely implicated in this case crime number. He is languishing in jail since 01.04.2025. Learned counsel for the applicant submits that a First Information Report has been lodged on 27.09.2012, against three named persons. Applicant was not named in the said First Information Report. Recovery of beef has been shown from the house of the named co- accused. Neither the applicant was arrested on the spot nor any incriminating materials has been recovered from the possession of the applicant. In the present case charge sheet has been filed on 19.10.2012 but the applicant has no knowledge about the proceedings against him. In the month of March, 2025, when a notice of proceeding under Section 82 Cr.P.C. affixed on the door of the applicant the applicant came to know about the matter and surrendered before the Court below on 01.04.2025 and from where he was sent to jail. Learned counsel for the applicant submits that the named accused Hasib has been granted bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No. 3981 of 2016 vide order dated 11.02.2016. Criminal history of three cases, has been explained in the supplementary affidavit 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, 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, Azad, 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 :- 23.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad