Aahat Quraishi v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13689 of 2023 Applicant :- Aahat Quraishi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Anwar Alam,Vimal Kishor Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Vimal Kishore Singh, learned counsel for the applicant, Sri Shaunak 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.205 of 2023, under Sections 379, 428, 120-B I.P.C. and Sections 3/5/8 U.P. Prevention of Cow Slaughter Act, registered at Police Station Nagram, District Lucknow.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 13.08.2023 alleging commission of theft of two bulls of the informant by an unknown person. One of them was slaughtered and other was injured. The police claimed to have been arrested the applicant on 21.08.2023 on the basis of an information received from a mukhbir. It is alleged that a knife and Rs.560/- are said to have been recovered from him. It is alleged that the applicant has confessed having given effect to the incident along with three other 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 previous criminal history and on the basis of same incident he has been implicated in two more cases under Sections 279 and 429 I.P.C. and Section 4/29 of Arms Act.

¶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. has been lodged against an unnamed person and the applicant has been implicated solely on the basis of an information received from a mukbhir; that although a knife is said to have been recovered from the place of incident but the alleged recovery has not been witnessed by any independent witness; that the applicant has no previous criminal history and he is languishing in jail since

21.08.2023 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-Aahat Quraishi 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 :- 28.11.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench