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2025 DAILYLAW 9259 (ALL)

SHAUKAT KASAI v. STATE OF U.P.

BAIL/1964/2025 · 2025-04-24

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:63700 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1964 of 2025 Applicant :- Shaukat Kasai Opposite Party :- State of U.P. Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Avinash Pandey, learned counsel for the applicant and Shri S.K.Rai, AGA-Ist, for the State-respondent and perused the record. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant Shaukat Kasai, seeking enlargement on bail in Case Crime No. 613 of 2024, under Sections 3/5A/8 of the U.P. Cow Slaughter Act, Police Station Kairana, District Shamli. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 10.12.2024. Learned counsel for the applicant submits that First Information Report has been lodged against unknown persons. The name of the applicant has been surfaced in the statement of the co-accused Saleem who has stated that he had sold a cow to the applicant. He further submits that the the name of the applicant came into light after nine days of the date of lodging of FIR. Co-accused namely Saleem has been granted bail by this court in Criminal Misc. Bail Application No. 45761 of 2024, vide order dated 04.02.2025. Criminal History of ten cases has been explained in 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 Hence, bail has been prayed for. Learned AGA has opposed the prayer for bail. 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. Accordingly, the bail application is allowed. Let the accused-applicant Shaukat Kasai, 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. 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