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2025 DAILYLAW 56292 (ALL)

ANITA NONA AND ANOTHER v. STATE OF U.P.

BAIL/15900/2025 · 2025-05-29

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:93867 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15900 of 2025 Applicant :- Anita Nona And Another Opposite Party :- State of U.P. Hon'ble Ashutosh Srivastava,J. Heard Shri Vivek Kumar Singh, learned counsel for the applicants, 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- applicants, Anita Nona and Usha Devi, seeking enlargement on bail in Case Crime No. 61 of 2025, under Sections 3/5/8 of the U.P. Prevention of Cow Slaughter Act, Police Station Sarpataha, District Jaunpur. Learned counsel for the applicant argued that the accused- applicants are innocent. They have been falsely implicated in this very case crime number and are languishing in jail since 24.3.2025. Learned counsel for the applicants submits that false recovery of beef have been planted upon the applicants. The place of incident does not belong to the applicants. They have no criminal antecedent and there is no likelihood of their fleeing from course of justice or tampering with evidence in case of release on bail. 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, period of incarceration as well as mandate of the 1st Proviso of Section 480 (1) B.N.S.S. 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, Anita Nona and Usha Devi , 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 are 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 :- 30.5.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad