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Neutral Citation No. - 2025:AHC:123171 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21162 of 2025 Applicant :- Firoj Opposite Party :- State of U.P. Counsel for Applicant :- Jai Singh,Pradeep Kumar Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J.
1. Supplementary affidavit filed today in Court by the applicant is taken on record.
2. Heard learned counsel for the applicant and learned A.G.A. for the State-respondent and perused the material available on record.
3. Instant Bail application has been filed under Section 483 BNSS, 2023 in Session Case No.660 of 2022 (Firoj Vs. State) arising out of Case Crime No.0187 of 2020, under Sections 188, 268, 269, 270, 271 IPC, and Section 3/5A/8 of Cow Slaughter Prevention Act and Section 11 of Animal Cruelty Act and Section 51B Disaster Management Act and Section 23 Epidemic Amendment Act, Police Station Nahtaur, District Bijnor.
4. Learned counsel for the applicant submitted that accused/applicant was released on bail on merits by order of this Court passed in Criminal Misc. Bail Application No.24346 of 2020 (Firoj Vs. State of U.P.) vide order dated 31.08.2020. However, the accused-applicant failed to appear on date of judgment in said Session Case and NBW followed. Thereafter the applicant was sent to jail on 15.05.2025 by the learned trial court.
5. Learned counsel for the applicant further submitted that absence of the accused/applicant in said Session Case on the date of
judgment was not deliberate. The case is fixed at present for re-
arguments. From that time the other accused persons are continuing on bail. No useful purpose of law will be served to lodge the accused/applicant in jail till disposal of the case, only on account of his single day default. He also submitted that on the date of judgment dated 08.05.2025 the accused/applicant left his home, but on the way he was informed from his home that his cousin Salman has suffered serious accident and his condition was
serious, and he rushed to the hospital to look after his cousin without informing his counsel. His cousin was recently lived at Chandigarh.
6. Learned A.G.A. opposed the prayed for release of accused/applicant on fresh bail, but he did not dispute the factual
submissions made by learned counsel for the applicant, which are based on record.
7. Considering the rival submissions of the learned counsel for the parties and the grounds taken in the bail application and also the fact that applicant has already been enlarged on bail on merits by
order of this court. The ground for releasing the applicant on first bail application is sufficient. Let the applicant Firoj be released on bail in the aforementioned case crime on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of court concerned subject to the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing
facts to the Court or to any police officer or tamper with the evidence.
8. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law.
9. The bail application is allowed.
Order Date :- 25.7.2025 Ashish/- Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad