Allowed¶16

Usman v. State of U.P.

Allahabad HC13 Oct 2025BAIL/19883/2025

Case brief

AI extract

What is this about?

Bail allowed; S.483 BNSS 2023 application; offences under U.P. Prevention of Cruelty to Animals Act Sections 3/5/5B/8, Bharatiya Nyaya Sanhita 2023 Sections 109(1), 3(5), 325, Arms Act Sections 3/4/25/27; Case Crime No. 120 of 2025, PS Tarya Sujan, District Kushinagar; applicant Usman in custody since 23.4.2025; criminal history of 8 cases; parity with co-accused Imran Qureshi and Jabbar bailed on 19.6.2025 in Criminal Misc. Bail Application No.18802 of 2025; personal bond and two sureties; conditions including no witness intimidation; presided over by Hon'ble Ashutosh Srivastava, J.; decided October 14, 2025.

What did the court decide?

Enlargement of accused-applicant Usman on bail on execution of a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned, subject to the four stated bail conditions.

Usman Vs State of U.P. — Bail and Remand | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether accused-applicant Usman, in jail since 23.4.2025 with a criminal history of eight cases explained in the supporting affidavit but claiming parity with co-accused already enlarged on bail, should be granted bail in Case Crime No. 120 of 2025.

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Court's answer

A case for bail was made out on consideration of the facts and circumstances, nature of accusations, severity of punishment, nature of supporting evidence, reasonable apprehension of witness tampering and the prima facie case, without commenting on the merits of the case.

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Ratio / Principle

The bail application was allowed and the accused-applicant was directed to be released on bail on executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned.

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Key takeaways

Release was made subject to four conditions (non-tampering with evidence, abstention from criminal activity, no pressurising/intimidation of prosecution witnesses with co-operation in trial, and regular appearance before the trial court); on breach of any condition the court below is at liberty to proceed to cancel bail.ratio¶21

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Ashutosh Srivastava, J.) allowed a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed by Usman, an accused in Case Crime No. 120 of 2025 of Police Station Tarya Sujan, District Kushinagar, registered under Sections 3/5/5B/8 of the U.P. Prevention of Cruelty to Animals Act, Sections 109(1), 3(5) and 325 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3/4/25/27 of the Arms Act. The applicant, languishing in jail since 23.4.2025 and carrying a criminal history of eight cases explained in paragraph 31 of the supporting affidavit, was granted bail on parity with similarly circumstanced co-accused Imran Qureshi and Jabbar, who had been enlarged on bail by a co-ordinate Bench on 19.6.2025 in Criminal Misc. Bail Application No.18802 of 2025. He was ordered released on a personal bond with two reliable sureties each in the like amount, subject to conditions of non-tampering with evidence, abstention from criminal activity, non-intimidation of prosecution witnesses and regular trial attendance; breach of any condition entitles the court below to cancel bail.

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 19883 of 2025

Usman

.....Applicant(s)

Versus

State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s)	: Amrita Kashyap
Counsel for Opposite Party(s)	: G.A.

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Court No. - 68

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HON'BLE ASHUTOSH SRIVASTAVA, J.

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Heard learned counsel for the applicant, learned AGA for the Staterespondents and perused the record.

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This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Usman , seeking enlargement on bail in Case Crime No. 120 of 2025, under Section 3/5/5B/8 of U.P. Prevention of Cruelty to Animals Act, Section 109(1), 3(5), 325 of the Bharatiya Nyaya Sanhita, 2023 and Section 3/4/25/27 of Arms Act, Police Station Tarya Sujan, District Kushinagar.

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Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 23.4.2025. Learned counsel for the applicant submits that similarly circumstanced co-accused Imran Qureshi and Jabbar have already been enlarged on bail by co-ordinate Bench of this Court on 19.6.2025 in Criminal Misc. Bail Application No.18802 of 2025. He has criminal history of 8 cases which have been explained in paragraph no. 31 of the affidavit filed in support of bail application and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.

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Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but could not dispute the aforesaid fact.

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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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BAIL No. 19883 of 2025

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Let the accused-applicant, Usman 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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(Ashutosh Srivastava,J.)

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October 14, 2025

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Gss

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Digitally signed by :- GIRAJA SHANKER SHARMA High Court of Judicature at Allahabad

Usman v. State of U.P.

Case brief

What is this about?

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Usman v. State of U.P.

Case brief

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