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Neutral Citation No. - 2025:AHC:92602 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15208 of 2025 Applicant :- Israel Opposite Party :- State of U.P. Counsel for Applicant :- Anjeet Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J.
1. Heard Sri Anjeet Singh, learned counsel for the applicant, Shri Rajesh Kumar Singh, learned AGA for the State-opposite party and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Israel, seeking enlargement on bail in Case Crime No. 99 of 2025, under Sections 3/5/8 of the Cow Slaughter Act, Police Station-Bindaki, District -Fatehpur. 3. 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 03.04.2024. Applicant's have criminal history of three cases, which is explained in para no. 16 of the bail application and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 4. Learned counsel for the applicant submits that the applicant was not arrested on the spot and nothing has been recovered from his possession. No offence as alleged in the FIR has been made out against the applicant. There is no independent witnesses of the offence and the alleged recovery is totally false and fabricated. Hence bail has been prayed for. 5. Learned AGA has vehemently opposed, but could not dispute the fact that applicant has criminal history of only one case. 6. 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Israel, 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv.
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. 9. 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 :- 27.5.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad