Washeem Khan and Another v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48380 of 2023 Applicant :- Washeem Khan And Another Opposite Party :- State of U.P. Counsel for Applicant :- Pavan Kumar Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

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

¶2Learned counsel for the applicants argues that the applicants are innocent and has been falsely implicated. The FIR has been lodged against unknown persons. The recovery is not in the presence of any independent witness. The applicants are in custody since 10.10.2023.

¶3Learned AGA has opposed the bail application.

¶4Considering the fact that the applicants are in custody since 1010.2023 and the recovery is not in the presence of any independent witness, the applicants are entitled to be enlarged on bail. In view thereof, the application is allowed.

¶5Let the applicants Washeem Khan and Shahjada @ Dampi be released on bail in FIR No.690 of 2022, under Section 3/5/8 of U.P. Prevention of Cow Slaughter Act, P.S. Bhojipura, District Bareilly on their furnishing a personal bond each with two sureties of the like amount each to the satisfaction of court concerned 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 they are 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 :- 9.11.2023 nishant High Court of Judicature at Allahabad