Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:37427 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6189 of 2025 Applicant :- Rozali Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Santi Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The accused-applicant seeks bail in Case Crime No. 267 of 2025, under Section 303(2) of the BNS, 2023, Sections 3/5/8 of the Prevention of Cow Slaughter Act, and Section 4/25 of the Arms Act, Police Station Padua, District Lakhimpur Kheri. As per the prosecution case, on 26.05.2025, the bull of the complainant was allegedly stolen. Despite extensive search, the complainant later found the mutilated remains of the bull in the north-western fields of the village. It is alleged that the bull was stolen and slaughtered by Jabbar, son of Abbas, along with other unknown persons.
Learned counsel for the applicant submits that no recovery of cow progeny or its meat has been made from the present applicant. It is further submitted that co-accused Jabbar Husain has been granted bail vide order dated 24.06.2025 in Criminal Misc. Bail Application No. 5374 of 2025 by a coordinate Bench of this Court. The applicant, therefore, seeks parity with the said co-accused. Learned A.G.A. has opposed the prayer for bail but could not dispute the fact that the case of the applicant stands on a similar footing. I have considered the submissions advanced by learned counsel for the parties and perused the material on record. Considering the facts that the applicant is in jail since 28.05.2025, has no criminal antecedents, the offence is triable by a Magistrate, and the case of the applicant stands on parity with the co-accused who has already been granted bail, and without expressing any opinion on the merits of the case, I find it to be a fit case for grant of bail. Accordingly, the bail application is allowed on the ground of parity. Let the applicant Rozali be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions: (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 under Section 229-A of the Indian Penal Code.
(vi) In case, the applicant misuses the liberty of bail during trial and in
order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed
in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
Order Date :- 3.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench