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

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

What the court decided

AI extract

Outcome

Bail granted to Azam and Mohd. Islam on their executing a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned, subject to conditions (non-tampering with evidence, abstention from criminal activity, no pressure/intimidation of prosecution witnesses with cooperation in trial, regular attendance before the trial court); in case of breach, the court below is at liberty to cancel bail.

Issue for consideration

Whether accused-applicants Azam and Mohd. Islam deserve to be enlarged on bail in Case Crime No. 326 of 2024 (Sections 3/5A/8 U.P. Prevention of Cow Slaughter Act, 1955; Section 11 Animal Cruelty (Prevention) Act, 1960; Sections 4/25 Arms Act; Section 3/1 U.P. Gangster Act), P.S. Gopiganj, District Bhadohi.

Court's answer

Considering the nature of accusations, severity of punishment, nature of supporting evidence, reasonable apprehension of tampering with witnesses and prima-facie case, and without commenting on the merits, a case for bail is made out.

Ratio / Principle

The bail application is allowed.

Key takeaways

Accused-applicants Azam and Mohd. Islam 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: no tampering with evidence, no criminal activity, no pressure/intimidation of prosecution witnesses with cooperation in trial, and regular appearance on each date fixed by the trial court; breach entitles the court below to cancel bail.ratio¶13

Detailed headnote1 paragraphs

Bail — Section 483 Bharatiya Nagarik Suraksha Sanhita, 2023 — applicants Azam and Mohd. Islam in custody since 17.12.2024 in Case Crime No. 326 of 2024, P.S. Gopiganj, District Bhadohi, under Sections 3/5A/8 U.P. Prevention of Cow Slaughter Act, 1955, Section 11 Animal Cruelty (Prevention) Act, 1960, Sections 4/25 Arms Act and Section 3/1 U.P. Gangster Act — defence contention of planted recovery of 30 live progenies and three knives, no independent witness, no beef recovered, no criminal antecedents — considering nature of accusations, severity of punishment, supporting evidence and prima-facie case, without commenting on merits, bail allowed on personal bond and two reliable sureties each, with conditions against tampering, criminal activity and witness intimidation, and regular trial attendance; breach attracts cancellation by the court below.

Neutral Citation No. - 2025:AHC:34575

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8258 of 2025

Applicant :- Azam And Another Opposite Party :- State of U.P. Counsel for Applicant :- Jagadish Prasad Yadav Counsel for Opposite Party :- G.A.

Hon'ble Ashutosh Srivastava,J.

Heard Shri Jagdish Prasad Yadav, learned counsel for the applicants and Shri Yagyavalka Pandey, learned AGA for the StateRespondents and perused the record.

This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accusedapplicants, Azam and Mohd. Islam, seeking enlargement on bail in Case Crime No. 326 of 2024, under Sections 3/5A /8 of the U.P. Prevention of Cow Slaughter Act, 1955, Section 11 of Animal Cruelty (Prevention) Act, 1960, 4/25 of arms Act and Section 3/1 of U.P. Gangster Act, Police Station-Gopiganj, District-Bhadohi.

Learned counsel for the applicant argued that the accusedapplicants are innocent and have been falsely implicated in this case crime number. The applicants are languishing in jail since 17.12.2024. Learned counsel for the applicants submit that the recovery from the alleged vehicle of 30 live progenies and three knives have been shown. The recovery shown from the applicants are planted one. Neither any beef nor any other incriminating material has been recovered from the possession of the applicants. There is no independent witness of the aforesaid recovery. The applicants have no criminal antecedents and there is no likelihood of their fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.

Learned AGA has vehemently opposed, but could not dispute the aforesaid facts.

Considering all those 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.

Accordingly, the bail application is allowed.

Let the accused-applicants, Azam and Mohd. Islam , involved in above mentioned case crime number be released on bail, on their 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:

The applicants will not tamper with the evidence.

The applicants will not indulge in any criminal activity.

The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

The applicants will appear regularly on each and every date fixed by the trial court, unless their personal appearance is exempted through counsel by the court concerned.

In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail.

Order Date :- 10.3.2025

Deepak/

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