Momeen Alias Mobeen Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Momeen Alias Mobeen Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Accused-applicant to be enlarged on bail subject to furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

Issue for consideration

Whether applicant-accused Momeen @ Mobeen, charged for offences under Section 109(1), 3(5) B.N.S., Section 3/25/27 Arms Act and Section 3/5/8 Cow Slaughter Act in Case Crime No. 94 of 2025, P.S. Kotwali Dehat, District Bijnor, should be enlarged on bail.

Court's answer

Considering the rival submissions, and noting that the accused-applicant is in jail since May 2025, the arrest and recovery were made in absence of independent witness, the investigation is continuing, and the criminal history shown against him has been explained and he is on bail, the Court allowed the bail application without touching the merit of the case.

Ratio / Principle

The accused-applicant is to be enlarged on bail subject to furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, in view of the observations of the Supreme Court in Girish Gandhi Vs. State of Uttar Pradesh (2024) 10 SCC 674 and Policy Strategy for grant of bail in re (2024) 10 SCC 685.

Key takeaways

The accused-applicant shall cooperate in the judicial process for fair and speedy disposal.ratio¶14

Detailed headnote1 paragraphs

Allahabad High Court (Avnish Saxena, J.) allowed the bail application of Momeen @ Mobeen in Case Crime No. 94 of 2025, P.S. Kotwali Dehat, District Bijnor, for offences under Section 109(1), 3(5) B.N.S., Section 3/25/27 Arms Act and Section 3/5/8 Cow Slaughter Act. The arrest and recovery of 40 kgs. of meat were made in absence of an independent witness; the investigation was continuing; the applicant's criminal history (stated as eight cases in the affidavit order and seven cases in counsel's submission) was explained and he was already on bail. Bail was allowed without touching the merits, subject to furnishing a personal bond and two sureties each in the like amount, in view of the Supreme Court dicta in Girish Gandhi Vs. State of Uttar Pradesh (2024) 10 SCC 674 and Policy Strategy for grant of bail in re (2024) 10 SCC 685, with a further direction that the applicant cooperate in the judicial process for fair and speedy disposal.

Neutral Citation No. - 2025:AHC:134672

Court No. - 92

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22130 of 2025

Applicant :- Momeen Alias Mobeen Opposite Party :- State of U.P. Counsel for Applicant :- Mohd Yasir,Shams Uz Zaman Counsel for Opposite Party :- G.A.

Hon'ble Avnish Saxena,J.

Mohd.Yasir, learned counsel for the applicant filed supplementary affidavit explaining the criminal history of eight cases, the same is taken on record.

The present bail application has been moved by the applicantaccused Momeen @ Mobeen for the offence punishable under Section 109(1), 3(5) B.N.S., Section 3/25/27 Arms Act and Section 3/5/8 Cow Slaughter Act in Case Crime No. 94 of 2025, Police Station- Kotwali Dehat, District Bijnor.

Mohd. Yasir, learned advocate, appears on behalf of applicant and submits that accused-applicant has been falsely implicated in the present case by the police in Cow Slaughter on the tip of police informer given to the police that the three accused persons including the present applicant is slaughtering the cow. The arrest and recovery has been made in absence of independent witness. The police has recovered 40 kgs. of meat. The alleged recovery is false and fictitious. The criminal history of seven cases has been explained in supplementary affidavit. The investigation is continuing. The accused-applicant is in jail since 09.05.2025.

Per contra , learned AGA has opposed the prayer for bail and submits that the accused-applicant is habitual offender. Forty Kilograms of meat recovered from the accused-applicant is of cow. Incriminating articles have been recovered from the possession of the accused-applicant.

Taken into consideration the rival submissions made by the parties and perused the record.

The perusal of the record reveals that the accused-applicant is in jail since May, 2025. The arrest and recovery has been made in

absence of independent witness. The investigation is continuing. The criminal history shown against the accused-applicant has been explained and is on bail. Without touching the merit of the case, this bail application is allowed .

Let the accused applicant be enlarged on bail subject to furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned in view of observation made by the Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in re [(2024)10SCC 685].

The accused-applicant shall cooperate in judicial process for fair and speedy disposal.

Order Date :- 8.8.2025 Abhishek Sri.

(Avnish Saxena,J.)

Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad