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2025 DAILYLAW 69735 (ALL)

NIJAM @ NIJAMUDDIN v. STATE OF U.P.

BAIL/22807/2025 · 2025-07-08

Avnish Saxena

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:109288 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22807 of 2025 Applicant :- Nijam @ Nijamuddin Opposite Party :- State of U.P. Counsel for Applicant :- Mukesh Joshi Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1. Shri Mukesh Joshi, learned Advocate, appears for the applicant submits that the accused applicant has been falsely implicated in Case Crime No.275 of 2025 for offence under Section 109 B.N.S., Sections 3, 5A and 8 of The U.P. Prevention of Cow Slaughter Act, 1955 and Sections 3/11 of Prevention of Cruelty to Animals Act, 1960, Police Station Garh Mukteshwar, District Hapur. 2. Learned counsel for the applicant submits that the accused applicant has been falsely implicated in the case at the instance of the statement of co-accused. The criminal history of three cases has already been explained and in all the cases, applicant is on bail. 3. Learned A.G.A. submits that the accused has a criminal history of three cases but in none of the cases, the accused has been convicted. The investigation is continuing. 4. This Court has taken into consideration the rival submission made by the parties. 5. The perusal of the F.I.R. reveals that accused has not been apprehended with the cattles or other incriminating materials, which are recovered in absence of independent witness. The name of the applicant is reflected from the statement of co- accused. The accused is in jail since May, 2025. 6. As such, the bail application is allowed. Let the accused- applicant, Nijam @ Nijamuddin involved in above mentioned case crime number is enlarged on bail subject to furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned. Order Date :- 9.7.2025 Mini (Avnish Saxena,J.) Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad