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2025 DAILYLAW 56041 (ALL)

ANSAR v. STATE OF U.P.

BAIL/16071/2025 · 2025-05-18

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83946 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16071 of 2025 Applicant :- Ansar Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri A.K. Yadav, learned counsel for the applicant and Sri Manav Chaurasia, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 10 of 2025, under Sections 111, 61(2) B.N.S. and Section 3/5A/8 U.P. Prevention of Cow Slaughter Act and Section 11 Prevention of Cruelty to Animals Act, Police Station Bankata, District Deoria during pendency of the trial. 3. Learned counsel for the applicant submits, however, applicant has been named in the FIR along with others and as per allegation he indulged in commission of offence under the provisions of Cow Slaughter Act and he has also been challaned for offence of organized crime but entire allegation leveled against the applicant is totally false. 4. He further submits, there is no evidence that applicant was either member of any organized crime syndicate or he acted on behalf of such syndicate. 5. He further submits, even applicant is not having any criminal history, therefore, it reflects, without any evidence applicant has been challaned for offence under Section 111 B.N.S. i.e. organized crime and prima facie it appears to be a simple case of Cow Slaughter Act. 6. He further submits, in the present matter applicant is in jail since 27.01.2025. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. It reflects, applicant was neither having any previous criminal history nor there is any evidence that he was either member of organized crime syndicate or he acted on behalf of the such syndicate but in spite of that he has been challaned for offence under Section 111 B.N.S., therefore, prima facie it appears, Investigating Officer of the case misused the provisions of organized crime. 10. Further, considering the nature of allegation leveled against the applicant it reflects, prima facie it appears, to be a case of only Cow Slaughter Act. 11. Further, in the present matter applicant is in jail since 27.01.2025. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant - Ansar be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 15. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 16. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 19.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad