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2025 DAILYLAW 49223 (ALL)

ASHRAF ALI v. STATE OF U.P.

BAIL/14293/2025 · 2025-05-19

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:85113 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14293 of 2025 Applicant :- Ashraf Ali Opposite Party :- State of U.P. Counsel for Applicant :- Syed Faiz Hasnain Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed by learned counsel for the applicant is taken on record. Heard Shri Syed Faiz Hasnain, learned counsel for the applicant, Shri Anil Kumar 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, Ashraf Ali, seeking enlargement on bail in Case Crime No. 81 of 2025, under Sections 3/5/8 of U.P. Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animals Act, Police Station Mundhapandey, District Moradabad. 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 12.3.2025. Learned counsel for the applicant submits that as per prosecution version, 60 Kg. of beef has been shown from the joint possession of the applicant and co-accused. There is recovery of one Suja from the possession of the applicant. The recovery of beef has not been effected from the house of applicant rather the same has been effected from the house of Rashid one of the co-accused. Suja cannot be used for the purposes of slaughtering. He has no criminal antecedent 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, Ashraf Ali , 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 :- 20.5.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad