Aahat Quraishi v. State of U.Pthru. Prin. Secy. Home Civil Secrt. Lko

Court No. - 29 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13979 of 2023 Applicant :- Aahat Quraishi Opposite Party :- State Of U.Pthru. Prin. Secy. Home Civil Secrt. Lko. Counsel for Applicant :- Anwar Alam,Vimal Kishor Singh Counsel for Opposite Party :- G.A. Hon'ble Mrs. Sadhna Rani (Thakur),J. Heard learned Counsel for the applicant, learned A.G.A. and perused the record. The accused-applicant is involved in Case Crime No.175 of 2023, under Sections 379, 429 I.P.C. and section 3/5/8 of UP. Prevention of Cow Slaughter act, Police Station Nagram, District-Lucknow. It is argued by the learned counsel for the applicant that the FIR was lodged against unknown persons. On the basis of confessional statement, the applicant has been falsely implicated in the present case. Recovery of a knife is also shown from the possession of the applicant. There is no previous criminal history against the applicant. Regarding criminal history of two cases, it is submitted by the learned counsel for the applicant that both these two cases were slapped against the applicant along with the present case. The applicant is languishing in jail since 21.8.2023, hence, the prayer for bail is made. Learned A.G.A. opposed the prayer for the bail of the applicant and submitted that the applicant is having criminal history of two more cases; one is under Arms Act and another is under sections 279, 428 and 120-B I.P.C. and section 3/5/8 of Cow Slaughter Act. From perusal of the record, it is found that the applicant is not named in the FIR. On the basis of confessional statement, the applicant has been implicated in the present case, except a knife nothing has been recovered from his possession. The applicant is languishing in jail since 21.8.2023. Perusing the record, considering the facts and circumstances of the case, the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a case of bail. The bail application is allowed. Let the applicant Aahat Quraishi who is involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

¶1The applicant will attend and co-operate the trial proceedings pending before the court concerned on the dates fixed after release.

¶2He will not tamper with the witnesses.

¶3He will not indulge in any illegal activities during the bail period. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the trial court shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case. Order Date :- 28.11.2023 Gss High Court of Judicature at Allahabad, Lucknow Bench