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2025 DAILYLAW 8738 (ALL)

RASHID v. STATE OF U.P.

BAIL/2098/2025 · 2025-04-24

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:63571 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2098 of 2025 Applicant :- Rashid Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Ashraf Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Mohd. Ashraf, learned counsel for the applicant and Shri Ajay Kumar Singh, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 B.N.S.S. has been moved on behalf of accused-applicant, Rashid, seeking enlargement on bail in Case Crime No. 801 of 2024, under Section 3/5/8 of Prevention of Cow Slaughter Act, 1955, P.S.- Bhojipura, District- Bareilly, during pendency of the trial. 3. The allegation made in the FIR is that the S.I. Sri Sandesh Singh along with other constable while in search of the criminals in the area then believing the information of informer, they reached at the bridge of Devrania and arrested the some some co-accused persons and recovered some cow remains. 4. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 09.11.2024. Learned counsel for the applicant submits that the applicant was although named in the First Information Report but he was not arrested from the spot. Neither any cow remains nor any other incriminating material has been recovered from him or on his pointing out. He has been falsely implicated in the present case. There is no independent witness who could corroborate the alleged recovery of article. Criminal history of one case has been explained in paragraph no. 13 of the affidavit filed in support of bail application and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. In the present case charge sheet has been filed on 03.01.2025. Hence, bail has been prayed for. 5. Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts. 6. 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 and prima facie case, but without commenting on merit of case, a case for bail is made out. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Rashid, involved in above mentioned case crime number be released on bail, on his 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 applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 25.4.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad