Tarik Ali @ Tarif Ali v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12183 of 2023 Applicant :- Tarik Ali @ Tarif Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ashok Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Avinash Srivastava, Advocate holding brief of Sri Ashok Kumar Srivastava, learned counsel for the applicant, Sri Rakesh Kumar Singh, learned A.G.A. for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No.305 of 2023, under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act,, registered at Police Station Kandhai, District Pratapgarh.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 20.08.2023 against the applicant and one Gunnur alleging that on the basis of information received from a mukhbir the accused persons were apprehended and 30 kilograms of flesh of cow progenies kept on a bicycle was recovered from their possession.

¶4In the affidavit filed in support of bail application it has been stated that the applicant is a 23 years old innocent person, he has been falsely implicated in the present case and he has no criminal history.

¶5The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶6Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R. does not mention the method of weight of the flesh recovered; that the alleged recovery has not been witnessed by any independent person; that the applicant is a young man having no previous criminal history and he is languishing in jail since 20.08.2023 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

¶7Accordingly, this bail application stands allowed.

¶8Let the applicant-Tarik Ali @ Tarif Ali be released on bail in Case Crime No.305 of 2023, under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act,, registered at Police Station Kandhai, District Pratapgarh on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. (Subhash Vidyarthi, J.) Order Date :- 12.10.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench