Allowed¶13

Babu Alias Avid v. State of U.P.

Allahabad HC25 Apr 2025BAIL/2131/2025

Case brief

AI extract

What is this about?

Allahabad High Court bail grant 25.4.2025; Section 483 B.N.S.S. bail application; Prevention of Cow Slaughter Act 1955 Sections 3/5/8; FIR Case Crime No. 801 of 2024; P.S. Bhojipura District Bareilly; applicant Babu Alias Avid; custody since 08.11.2024; arrest at Devrania river bridge; recovery of cow remains; no independent witness; contradictions in recovery memo; criminal history two cases; personal bond and two reliable sureties; bail conditions and cancellation clause; counsel Mohd. Ashraf; AGA Vijendra Kumar.

What did the court decide?

Enlargement of accused-applicant Babu Alias Avid on bail in Case Crime No. 801 of 2024 upon executing a personal bond and two reliable sureties each in the like amount, to the satisfaction of the court concerned, subject to the stated conditions. ¶13

Babu Alias Avid 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 the accused-applicant Babu Alias Avid should be enlarged on bail in Case Crime No. 801 of 2024 under Sections 3/5/8 of the Prevention of Cow Slaughter Act, 1955, during pendency of the trial.

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Court's answer

Considering the facts and circumstances, nature of accusations, severity of punishment on conviction, nature of supporting evidence, reasonable apprehension of tampering with witnesses and the prima facie case, and expressly without commenting on the merits, the court concluded that a case for bail is made out.

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Ratio / Principle

The accused-applicant is 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, subject to conditions: not tampering with evidence; not indulging in criminal activity; not pressurising/intimidating prosecution witnesses while cooperating in the trial; and regular appearance on every date fixed by the trial court unless exempted through counsel.

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Key takeaways

In the event of breach of any of the aforesaid bail conditions, the court below is at liberty to proceed to cancel the applicant's bail.ratio¶19

Detailed headnote1 paragraphs

Allahabad High Court (Ashutosh Srivastava, J.), decided 25.4.2025: Criminal Misc. Bail Application No. 2131 of 2025 under Section 483 B.N.S.S. by Babu Alias Avid, accused in FIR Case Crime No. 801 of 2024 under Sections 3/5/8 of the Prevention of Cow Slaughter Act, 1955, P.S. Bhojipura, District Bareilly, in custody since 08.11.2024; FIR records arrest near the bridge of the Devrania river with recovery of some cow remains. Counsel urged innocence, absence of independent witness to the recovery, contradictions in the recovery memo, and explanation of a criminal history of two cases (affidavit para 13). Court, weighing the nature of accusations, severity of punishment, supporting evidence, apprehension of tampering and prima facie case, expressly without commenting on merits, held a case for bail was made out and allowed the application: release on a personal bond and two reliable sureties each in the like amount, subject to conditions barring tampering, criminal activity and witness intimidation and requiring regular trial attendance; on breach of any condition the court below may cancel the bail.

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Neutral Citation No. - 2025:AHC:63520

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2131 of 2025

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Applicant :- Babu Alias Avid Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Ashraf Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Heard Shri Mohd. Ashraf, learned counsel for the applicant and Shri Vijendra Kumar, learned AGA for the State-respondents and perused the record.

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This bail application under Section 483 B.N.S.S. has been moved on behalf of accused-applicant, Babu Alias Avid, seeking enlargement on bail in Case Crime No. 801 of 2024, under Section 3/5/8 of Prevention of Cow Slaughter Act, 1955, P.S.- Bhojipura, District- Bareilly, during pendency of the trial.

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The allegation made in the FIR is that the S.I. Sri Sandesh Singh along with other constable while in search of the criminals in the area then believing the information of informer, they reached at the bridge of Devrania river and arrested the applicant and other coaccused persons and recovered some cow remains.

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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 08.11.2024. Learned counsel for the applicant submits that the real fact is that on the date of incident he was going to market from where the police has apprehended the applicant with regard to an enquiry and has falsely implicate the applicant in the present case. There is no independent witness who could corroborate the alleged recovery of article. It is further submitted that recovery of cow family has no concern with the applicant and he involved in this case only on the basis of police person shows good job of presentation. It is further submitted that there are contradictions in the recovery memo. Criminal history of two cases has been explained in paragraph no. 13 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

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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, Babu Alias Avid , 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 :- 25.4.2025 Deepak/

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

Babu Alias Avid v. State of U.P.

Case brief

What is this about?

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Babu Alias Avid v. State of U.P.

Case brief

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