Mejar Khan v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46580 of 2023 Applicant :- Mejar Khan Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Akbar Shah Alam Khan Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

¶2The Counsel for the applicant argues that the applicant has been falsely implicated in this case. Nothing has been recovered from his possession. There is no independent witness of the alleged recovery. The applicant is in custody since 22.08.2023.

¶3Learned A.G.A. vehemently opposed the bail prayer.

¶4Considering the fact that the applicant is in custody since 22.08.2023 and has no criminal antecedents and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.

¶5Accordingly, the bail application is allowed.

¶6Let the applicant Mejar Khan be released on bail in FIR/ Case Crime No.223 of 2023, under Sections 3/5/8 of the U.P. Prevention of Cow Slaughter Act, Police Station Bhopa, District Muzaffar Nagar on his furnishing personal bonds and two reliable sureties of Rs.25,000/- each to the satisfaction of the court concerned with the following conditions:

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

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

(c) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. Order Date :- 2.11.2023 akverma High Court of Judicature at Allahabad