Mustkeem v. State of U.P
Case at a glance
Outcome
Bail granted
Accordingly, the bail application is allowed
Provisions considered
Judgment
Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed in the Court today is taken on record. Heard Sri Rakesh Pati Tiwari, learned counsel for the applicant, Sri Yagyavalk Pandey, learned AGA for the State and perused the record. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed on behalf of applicant, Mustkeem with a prayer to release him on bail in Case Crime No. 582 of 2022, under Section 3/5/8 U.P. Prevention of Cow Slaughter Act, 1955, Police Station- Hafizganj, District- Bareilly. Learned counsel for the applicant submits that no scientific evidence or laboratory report is on the record to suggest that the recovered remains belong to cow progeny. There is no independent witness of the recovery. Offence is triable by magistrate. The applicant is languishing in jail since 03.01.2025 and he has criminal antecedent of 17 cases and the same are duly explained in para 2 of the supplementary affidavit.
Operative part
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. 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. 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 03.01.2025 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. Accordingly, the bail application is allowed. Let the applicant- Mustkeem 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:- (i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness. (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. (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. (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. (vi) In case, the applicant misuses the liberty of bail during trial, the trial court shall initiate proceedings against him, in accordance with law. Order Date :- 19.5.2025 Anjali ANJALI SHARMA High Court of Judicature at Allahabad
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the bail application is allowed
Which statutory provisions did this judgment involve?
Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483; U.P. Prevention of Cow Slaughter Act, 1955 — ss. 3, 5, 8.
Which court decided this case, and when?
Allahabad High Court, on 19 May 2025. The bench was ASHUTOSH SRIVASTAVA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.