Allowed

Sharif v. State of U.P.

Allahabad HC24 Apr 2025BAIL/1866/2025

Case brief

AI extract

What is this about?

Bail application under Section 439 Cr.P.C. by accused booked for transporting cows for alleged slaughter under the Cow Slaughter Act and Prevention of Animal Cruelty Act. Court considered nature of accusations and evidence, and allowed bail on personal bond with two sureties subject to conditions.

What did the court decide?

Accused-applicant released on bail on personal bond with two reliable sureties, subject to conditions including no tampering with evidence and regular trial attendance.

Sharif vs State of U.P. — Bail and Remand | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:62707

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Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1866 of 2025 Applicant :- Sharif Opposite Party :- State of U.P. Counsel for Applicant :- Bal Mukund Singh,Sunil Kumar Chaudhari Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Supplementary affidavit filed today is taken on record.

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Heard learned counsel for the applicant and Sri Rajesh Kumar Singh, learned AGA for the State-respondents and perused the record.

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This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Sharif, seeking enlargement on bail in Case Crime No. 343 of 2024, under Section 3, 5A, 5B, 8 of Cow Slaughter Act and Section 11 of the Prevention of Animal Cruelty Act, 1960, P.S.- Alinagar, District- Chandauli, during pendency of the trial in the Court below.

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The allegation made in the FIR is that on 17.12.2024 at about 14:00 hours, the applicant along with other co-accused persons were taking few cows in one Truck No. UP-21-CN-4064 for the purpose of slaughtering from U.P. to Bihar and when the police party tried to check the vehicle, two persons were arrested and one person run away from the spot and thereafter police has recovered 31 cows from the alleged vehicle.

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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 18.12.2024. He has criminal antecedent of one case except present case and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. There is no independent witness of the alleged recovery. The applicant is Khalashi of the alleged vehicle and the alleged 31 live cows have not been recovered from the alleged vehicle. Nothing has been recovered from the possession of the applicant or his pointing out and the recovery shown against the applicant is totally false. As per the prosecution version, it is said that 31 cows were brutally tied around their mouths and taken away, whereas how can be possible for 31 cows to come inside the vehicle. Hence the whole prosecution is concocted, fake and baseless story cooked by the

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concern police, only demanding for huge money and when the applicant denied their demand, he has been falsely implicated in the present case. It is further submitted that no case under the aforesaid sections is made out against the applicant and no specific role has been assigned against him. Criminal history of one case has been explained in the supplementary affidavit. Co-accused Sanoor Khan, has been granted bail by this Court in Criminal Misc. Bail Application no. 1862 of 2025, vide order dated 09.04.2025.It is next submitted that the applicant is fully innocent and nothing to do with the alleged crime in any manner. Hence, bail has been 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, Sharif , 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 :- 24.4.2025 Deepak/

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Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad

Sharif v. State of U.P.

Case brief

What is this about?

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Sharif v. State of U.P.

Case brief

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What did the court decide?

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