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Neutral Citation No. - 2025:AHC:79338 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15410 of 2025 Applicant :- Ikbal Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Bhushan Prasad Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed on behalf of applicant,Ikbal , with a prayer to release him on bail in Case Crime No.99 of 2025, under Section 3/8 U.P. Prevention of Cow Slaughter Act, 1955, Police Station-Jhinjhana, District-Shamli. According to the prosecution version, on 15.03.2025 an information from the informer has been received by the S.I. thereafter the police party reached in the forest of village Lauwdaudpur and saw carcass of some cow progeny in the sugarcane field of Sandeep situated at village Lauwdaudpur which was taken into possession by the police team. Thereafter, as per the instructions of the veterinary doctor, to prevent the spread of foul smell and infection, a pit was dug at a suitable place and the remains of cows were buried. An F.I.R. has been lodged against unknown persons under Section 3/8 U.P. Prevention of Cow Slaughter Act, 1955. On 16.03.2025 the applicant and two co- accused were arrested. From the possession of the applicant one country-made pistol 315 bore with empty cartridge, two live cartridge 315 bore, one mobile POCO C61, one mobile bill and one motorcycle from the joint possession and also a closed sack was recovered from the rear of motorcycle and when the police personnel opened it, found one axe, two knife and one daav and cloth was inside the sack.
Learned counsel for the applicant submits that the applicant is not named in the F.I.R.; there is no independent witness of the recovery. It is further submitted that the applicant has been released on bail in connected offence as case crime no.104 of 2025, under Section 109(1) B.N.S. and 3/25/27 Arms Act which has been registered against him at the time of arrest. The applicant is languishing in jail since 17.03.2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the fact that there is no independent witnesses of the alleged recovery, coupled with the fact that the applicant is languishing in jail since 17.03.2025 and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicants on bail. Accordingly, the bail application is allowed. Let the applicant- Ikbal, involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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. (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 court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of
liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him. (vi) In case, the applicant misuses the liberty of bail during trial, the trial court shall initiate proceedings against him, in accordance with law.
Order Date :- 14.5.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad