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Neutral Citation No. - 2025:AHC:90221 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14348 of 2025 Applicant :- Mohd. Hasan And Another Opposite Party :- State of U.P. Counsel for Applicant :- Sharad Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Sharad Kumar Srivastava, learned counsel for the applicants and 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, Mohd. Hasan and Kafil @ Kafeel, seeking enlargement on bail in Case Crime No. 99 of 2025, under Sections 3/5/8 of Uttar Pradesh Prevention of Cow Slaughter Act, 1955, Police Station Bindaki, District Fatehpur.
Learned counsel for the applicant argued that the accused- applicants are innocent. They have been falsely implicated in this very case crime number and is languishing in jail since 18.3.2025.
Learned counsel for the applicant submits that the applicants were not named in the First Information Report. Learned counsel for the applicants submits that as per prosecution version, one six days old ox head was lying near the pond. Only on the basis of suspicion, applicants have falsely been implicated in the present case. Criminal history of one case against both the applicants has been properly explained and there is no likelihood of their fleeing from course of justice or tampering with evidence in case of release on bail. Co-accused Amirul Hasan, Aurangjeb and Naseem Khan, have been granted bail by this Court in Criminal Misc. Bail Application Nos. 12883 of 2025, 12548 of 2025 and 14229 of 2025, vide orders dated 12.05.2025, 15.05.2025 and 20.05.2025. 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-applicants, Mohd. Hasan and Kafil @ Kafeel, involved in above mentioned case crime number be released on bail, on their 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 applicants will not tamper with the evidence.
2. The applicants will not indulge in any criminal activity.
3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicants 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 their bail.
Order Date :- 27.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad