Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:22708 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45363 of 2024 Applicant :- Mohd Dilsad Opposite Party :- State of U.P. Counsel for Applicant :- Akhlendra Pratap Singh,Deleep Kumar Chaudhari Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Akhlendra Pratap Singh, learned counsel for the applicant and Sri Santosh Nigam, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 534 of 2024, under Sections 3/5/8 Cow Slaughter Act, Police Station- Handia, District- Prayagraj, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that this is the second bail application filed on behalf of the applicant and his first bail application was dismissed on merit by this Court on 18.11.2024 after considering the fact that from the house of applicant 65 Kg. beef was recovered but he is pressing the instant second bail application on the ground that in the present matter, applicant is in jail since 30.08.2024 and along with the applicant his wife i.e. co-accused Tarannum was also made accused and today she has been enlarged on bail by this Court vide Criminal Misc. Bail Application No 1154 of 2025 and on facts, case of applicant is at par with her. 4. He further submitted that applicant is not having any criminal history. 5. Per contra, learned AGA opposed the prayer for bail and submitted that this is the second bail application filed on behalf of the applicant but could not dispute the fact that in the present matter, applicant is in jail for last almost six months and his wife i.e. co-accused Tarannum has been enlarged on bail by this Court. 6. I have heard learned counsel for the parties and perused the record of the case. 7. However, this is the second bail application filed on behalf of the applicant and his first bail application was dismissed on the
ground that from his house 65 Kg. beef was recovered but in the present matter, applicant is in jail since 30.08.2024 i.e. for last almost six months. 8. Further, along with applicant his wife i.e. co-accused Tarannum was also made accused and today she has been enlarged on bail by this Court. 9. Further, applicant is not having any criminal history. 10.
Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant- Mohd Dilsad 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:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant 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. (iii) The applicant shall not indulge in any criminal and anti-social activity. 13. 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 applicant. 14. 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. Order Date :- 17.2.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad