Zumme Khan vs State of U.P.

Neutral Citation No. - 2025:AHC:78930

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4665 of 2025

Applicant :- Zumme Khan Opposite Party :- State of U.P. Counsel for Applicant :- Niharika Singh Parihar,Suresh Chandra Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Heard Sri Suresh Chandra, learned counsel for the applicant, Sri Vijendra Kumar, learned AGA for the State and perused the record.

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The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed on behalf of applicant, Zumme Khan with a prayer to release him on bail in Case Crime No. 508 of 2024, under Section 3/5/8 U.P. Prevention of Cow Slaughter Act, 1955 and Section 336(2) of B.N.S.S., Police Station- Jait, District- Mathura.

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Learned counsel for the applicant submits that the applicant is not named in the FIR and he is the owner of the vehicle in which 27 cattle were found, but there is no independent witness of the alleged recovery. Offence is triable by magistrate. The applicant is languishing in jail since 02.01.2025 and he has no criminal antecedent.

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It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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On due consideration to the fact that there is no independent witnesses of the alleged recovery, coupled with the fact that the applicant is languishing in jail since 02.01.2025 without having any criminal antecedents and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicants on bail.

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Accordingly, the bail application is allowed .

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Let the applicant- Zumme Khan involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him.

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(vi) In case, the applicant misuses the liberty of bail during trial, the trial court shall initiate proceedings against him, in accordance with law.

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Order Date :- 14.5.2025 Anjali

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

Zumme Khan v. State of U.P.

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Zumme Khan v. State of U.P.

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