SHAMSHAD AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/4959/2025 · 2025-06-03
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 143379 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 143379 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:34311 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4959 of 2025 Applicant :- Shamshad And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicants and learned A.G.A. for the State as well as perused the record. The present bail application has been filed by accused- applicants seeking bail in Case Crime No.107 of 2025, under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act and Section 11 of the Animal Cruelty Act, P.S. Gauriganj, District Amethi.
Learned counsel for applicants submits that applicants have been falsely implicated in this case. Two cows have been recovered from the spot however, no Beef has been recovered. There is no independent witness of the recovery. The offence is triable by magistrate. Applicant No.1 has criminal history of one pity case in which he has been granted bail rest of the applicants have no criminal history. He submits that applicants are in jail since 31.03.2025. Learned A.G.A. has opposed the bail prayer. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicants are languishing in jail since 31.03.2025, offnces are triable by magistrate so also the fact that there is no independent witness of the recovery, without expressing any opinion on 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 applicants-Shamshad, Salamat Ali @ Kallu and Rehan @ Arman Ali be released on bail in aforesaid case crime number subject to their furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (i) The applicants will not tamper with the evidence during the trial. (ii) The applicants will not pressurize/ intimidate the prosecution witness. (iii) The applicants 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 applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code. (vi) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear
before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
Order Date :- 3.6.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench