Furkan Ansari and Another vs State of U.P.

Neutral Citation No. - 2025:AHC:41916

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9542 of 2025

Applicant :- Furkan Ansari And Another Opposite Party :- State of U.P. Counsel for Applicant :- R.K.Paramhans Singh Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri R.K.Paramhans Singh, learned counsel for the applicants and Sri Rajeev Dhar Dwivedi, learned AGA for the State-respondent.

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The instant application has been filed seeking release of the applicants on bail in Case Crime No. 007 of 2025, under Sections 3/5A/8 Prevention of Cow Slaughter Act, under Section 11 Prevention of Animal Cruelty Act and Section 111, 61(2) BNS, Police Station- Bankata, District- Deoria, during pendency of the trial in the court below.

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Learned counsel for the applicants submitted that on the basis of false allegation, applicants have been made accused in the present matter along with several others including co-accused Subodh Kumar and Raja Kumar and both the above co-accused Subodh Kumar and Raja Kumar have been released on bail by this Court vide order dated 10.03.2025 passed in Criminal Misc. Bail Application No. 8397 of 2025 and on facts, case of applicants is at par with them.

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He further submitted that apart from the present case, however, applicants are having criminal history of one another case but their criminal history has been explained in the instant bail application. He further submitted that applicants are in jail in the present matter since 17.01.2025.

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Per contra, learned AGA opposed the prayer for bail and submitted that apart from the present case, actually applicant no. 1 is having criminal history of four other cases and he explained criminal history of only one case but he fairly conceded, remaining three cases related to the minor offences. He could not dispute the other argument on facts advanced by learned counsel for the

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applicants.

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I have heard learned counsel for the parties and perused the record of the case.

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From the record, it reflects that in the present matter, applicants have been made accused along with several others including coaccused Subodh Kumar and Raja Kumar and both the above named accused persons have already been released on bail by this Court and on facts, case of applicants is at par with them.

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Further, however, apart from the present case, applicant no.1 is having criminal history of four other cases and he explained criminal history of only one case in the instant bail application but it appears, remaining three unexplained cases relate to minor offences.

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Further, however, applicant no.2 is having criminal history of one another case but his criminal history has been explained in the instant bail application.

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Further, applicants are in jail in the present matter since 17.01.2025.

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Therefore, considering the facts and circumstances of the case discussed above, in my view applicants are entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicants- Furkan Ansari and Dilshad be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicants shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicants shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

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(iii) The applicants shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicants.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 21.3.2025 KK Patel

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Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad

Furkan Ansari and Another v. State of U.P.

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Furkan Ansari and Another v. State of U.P.

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