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Neutral Citation No. - 2025:AHC:129622 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19686 of 2025 Applicant :- Haji Faiyaj Opposite Party :- State of U.P. Counsel for Applicant :- Ahamad Farhan,Haya Rizvi Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J.
1. The present bail application has been moved by the applicant- accused Haji Faiyaj for the offence punishable under Section 3/5/8 Cow Slaughter Act in Case Crime No. 397 of 2024, Police Station- Gabhana, District Aligarh. 2. Ms. Haya Rizvi, learned advocate, appears on behalf of applicant and submits that accused-applicant has been falsely implicated in the present case. The accused-applicant is not named in the FIR, who was granted bail by the court below on 28.01.2025, while giving the bail bonds, it is found that the sureties are forged. Thereafter another case is registered and the bail order passed in this case, was cancelled by the order dated
18.03.2025. The accused-applicant is in jail since 27.12.2024. 3. Per contra, learned AGA has opposed the prayer for bail and submits that the charge sheet has been submitted against the accused-applicant. 4. Taken into consideration the rival submissions made by the parties and perused the record. 5. The perusal of the record reveals that the accused is not named in the FIR. The accused-applicant has initially been granted bail by the court below on 28.01.2025, which was cancelled by order dated 18.03.2025. The provision is regarding cancellation of bail and not cancellation of order of bail, which is tantamount to review of order. 6. The matter pertains to Cow Slaughter Act. The FIR has been registered by one Bhupendra Rajpoot, Zila Sanyojak Hindu Raksha Dal against anonymous person. The charge sheet has been submitted. The accused-applicant is in jail since 27.12.2024. There
is criminal history of 13 cases to the credit of the accused- applicant, which has been duly explained in supplementary affidavit. Without touching the merit of the case, this bail application is allowed. 7. Let the accused applicant be enlarged on bail subject to furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned in view of observation made by the Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in re [(2024)10SCC 685]. 8.
The accused-applicant shall cooperate in judicial process for fair and speedy disposal. Order Date :- 1.8.2025 Abhishek Sri. (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad