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2025 DAILYLAW 60418 (ALL)

ZEESHAN v. STATE OF U.P.

BAIL/17937/2025 · 2025-05-25

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:91342 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17937 of 2025 Applicant :- Zeeshan Opposite Party :- State of U.P. Counsel for Applicant :- Rishabh Agarwal Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed on behalf of the applicant is taken on record. 2. Heard Sri Rishabh Agarwal, learned counsel for the applicant and Sri Pradeep Kumar, learned A.G.A. for the State- respondent. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.48 of 2025, under Sections 303(2), 111(2)(b) B.N.S. and Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, 1955, Police Station Rasulpur, District Firozabad, during pendency of the trial. 4. Learned counsel for the applicant submits that however, as per allegation, applicant indulged in commission of the offences of organized crime and under the provisions of Cow Slaughter Act but entire allegation levelled against him is totally false. 5. He further submits that applicant is not named in the FIR but during investigation through the statement of co-accused, he has been made accused in the present matter. 6. He further submits that even named co-accused Amir has been released on bail by this Court and his bail order has been annexed at Annexure-4 to the affidavit and on facts case of applicant is on better footing than him. 7. He further submits that however, apart from the present case, applicant is having criminal history of four other cases but his criminal history has been explained in the supplementary affidavit filed in support of the instant bail application and he is in jail in the present matter since 02.05.2025. 8. Per contra, learned AGA however opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 9. I have heard both the parties and perused the record of the case. 10. Considering the argument advanced by learned counsel for the applicant and the fact that named co-accused Amir has been released on bail by this Court and on facts case of applicant is on better footing than him and criminal history of the applicant has been explained in the supplementary affidavit filed in support of the instant bail application and he is in jail in the present matter since 02.05.2025, in my view, applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant- Zeeshan 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. 13. 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. 14. 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 :- 26.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad