Meraj Farooki vs State of U.P.

Neutral Citation No. - 2025:AHC:63738

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1220 of 2025

Applicant :- Meraj Farooki Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Kumar Mishra,Raja Ram Pal Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Heard learned counsel for the applicant, Sri Shashi Prakash Rai, learned AGA for the State-respondents and perused the record.

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This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Meraj Farooki, seeking enlargement on bail in Case Crime No. 158 of 2024, under Section 3/5A/5B/8 Prevention of Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animals Act and Section 325 BNSS, P.S.Balua, District- Chandauli, during pendency of the trial in the Court below.

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The allegation made in the FIR is that the police team has recovered three cows, one bullock, one key pad mobile phone and Rs. 600/- cash from the possession of the applicant.

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Learned counsel for the applicant argued that the accusedapplicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 13.09.2024. He has criminal antecedent of one case, which has been explained in para 12 of the affidavit, filed in support of the bail application, in which the applicant has been granted bail by coordinate Bench of this Court vide order dated 02.11.2023, passed in Crl. Misc. Bail Application No. 40915 of 2023, and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant submits that applicant is driver of the alleged vehicle and the recovered cattle are not belongs to the applicant and he has no concern with the present case. It is submitted that only recovered amount of Rs. 600/- and a key pad mobile phone from the possession of the applicant, which are belongs to him and the allegation levelled against the applicant is totally false and frivolous and the same is concocted story developed by the police. Hence, bail has been

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prayed for.

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Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts.

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Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.

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Accordingly, the bail application is allowed .

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Let the accused-applicant, Meraj Farooki, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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Order Date :- 23.4.2025 v.k.updh.

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Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad

Meraj Farooki v. State of U.P.

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Meraj Farooki v. State of U.P.

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