Gulsher Ahmad v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44455 of 2023 Applicant :- Gulsher Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Farooq Ahmad,Maohammd Nadeem Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the applicants, learned AGA and perused the record.

¶2The accused-applicant seeks bail in Case Crime No.390 of 2023 under section 3/5A/8 U.P. Cow Slaughter Act, Police Station Naini, District Prayagraj.

¶3It is argued that the applicants have been falsely implicated in the case and no slaughtering weapon has been recovered from the possession of the applicant. It is also submitted that there is no independent witness to the alleged recovery. It is also submitted that one of the co-accused has also been granted bail by this court vide order dated 27.09.2023 passed in Bail No.38699 of 2022. There are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is next contended that the applicant is in jail since 25.07.2023 and in case they are enlarged on bail, they will not misuse the liberty of bail.

¶4Learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts.

¶5Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, the applicants are entitled for the bail. Thus the bail application is allowed.

¶6Let the applicants Gulsher Ahmad be released on bail in aforesaid first information report number subject to their furnishing a personal bond and two reliable sureties of Rs.25000/- each with the following conditions:

(a) The applicants shall execute a bond to undertake to attend the hearings;

(b) The applicants shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) The applicants 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. Order Date :- 30.10.2023 VNP/- High Court of Judicature at Allahabad