Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 54671 (ALL)

ANSAR v. STATE OF U.P.

BAIL/15473/2025 · 2025-05-13

Ram Manohar Narayan Mishra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:79668 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15473 of 2025 Applicant :- Ansar Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Jamshed Khan Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard learned counsel for the applicant, learned AGA for the State-Respondents and perused the record. 2. The present bail application under Section 483 of BNS has been filed on behalf of applicant with a prayer to release him on bail in Case Crime No.54 of 2025, under Section 3, 5A, 8 of Cow Slaughter Act and Section 11 of Animal Cruelty Act, Police Station Rajgarh, District Mirzapur, during pendency of the trial. 3. Learned counsel for the applicant submitted that accused/applicant is innocent and has falsely been implicated in the case, and is in jail since 27.03.2025. It has been submitted by learned counsel for the applicant that according to prosecution version the police team of P.S. Adlahat, District Mirzapur arrested three accused persons on sacret information who were loading some cattle of progeny of cow on a magic vehicle bearing Registration No.UP63GO440, when the police team reached near the vehicle, they saw that four persons were dragging some cattle towards said vehicle. One of them opened fire arm at police team with intention to kill, but none of the members of police team received any injury. The members of police team opened fire in defence, due to which one of the cattle smuggler received injury on his leg, who disclosed his name as Salim. 4. He next submitted that there is no allegation of opening fire at police team against the accused applicant. Fifteen number of progeny of cow have been allegedly recovered from possession of accused and co-accused by police team. There is no allegation of recovery of flesh against accused applicant. He has falsely been implicated in the case. He lastly submitted that applicant is held in jail custody since 27.03.2025. He under takes to abide by the conditions of bail, if he be released on bail by order of this Court. He has no criminal history. 5. Per contra, opposed the prayer for bail and submitted that there is a statutory embargo on grant of bail in the offence. However, despite the fact that there is no allegation of recovery of any flesh from possession of the applicant and co-accused. 7. Considering the entire facts and circumstances of the case as well as submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the view that the applicant has made out a case for bail. The bail application is allowed. 8. Let the applicant, Ansar be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions- (i) The applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 of Cr.P.C. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 14.5.2025 Ashish/- Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad