Irshad @ Chikna v. State of U.P. Thru. Secy. Home U.P. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12719 of 2023 Applicant :- Irshad @ Chikna Opposite Party :- State Of U.P. Thru. Secy. Home U.P. Lko. Counsel for Applicant :- Rizwanul Haque Ansari,Santi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Rizwanul Haque, learned counsel for the applicant, Sri Amitabh Chaturvedi, 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.329 of 2023, under Sections 3/5/8 of Prevention of Cow Slaughter Act, registered at Police Station Palia, District Lakhimpur Kheri.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 09.09.2023 by a Sub Inspector of Police against six persons including the applicant, stating that on the basis of an information received from a mukhbir the accused persons were apprehended while they were carrying about 1.5 quintals of flesh of cow progenies on two bicycles. It is stated that the applicant was walking ahead of the other accused persons and he stated that he was showing the way to the other accused persons.

¶4In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶5Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is said to be walking ahead of the other co-accused persons who were carrying the flesh of cow progenies; that the alleged recovery from the co-accused persons has not been witnessed by any independent person; that no other articles namely articles used in commission of slaughtering or the other remains of cow progenies have not been recovered; that the applicant has no previous criminal history and he is languishing in jail since

09.09.2023 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.

¶6Accordingly, this bail application stands allowed.

¶7Let the applicant-Irshad @ Chikna be released on bail in the aforesaid case 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 :- 30.10.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench