ISLAM KHAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/6372/2025 · 2025-09-15
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 150473 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150473 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6372 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Ramesh Kumar Srivastava, the learned counsel for the applicant, Sri Avishesh Kumar Singh, learned Additional Government Advocate for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 134 of 2025, under Sections 3/5kha/8 of the U.P. Prevention of Cow Slaughter Act, 1955 and Section 11 of the Prevention Of Cruelty To Animals Act, 1960, registered at Police Station Bacchrawan, District Raebareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 06.04.2025 against the owner and the driver of the vehicle and some unknown persons stating that a DCM truck was found parked in the middle of the road in a damaged condition. No person was present near the truck. 23 cow progenies were loaded in the truck in a cruel manner. The applicant has been implicated as he is the owner of the truck. 4. In the affidavit filed in support of bail application, it has been stated that the applicant is a 62 years, an innocent person having no criminal history and he has been falsely implicated in the present case. 5. Driver of the truck Najmuddin has been granted anticipatory bail by means of an order dated 07.05.2025 passed by a Coordinate Bench of this Court in Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No.420 of 2025. Yet another accused person, Iqbal Khan, who is the Versus Counsel for Applicant(s) : Jaikaran, Ramesh Kumar Srivastava Counsel for Opposite Party(s) : G.A. Islam Khan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
applicant's son, has been granted bail by means of an order dated 26.05.2025 passed in Criminal Misc. Bail Application No.4613 of 2025. 6. The State has filed a counter affidavit opposing the bail application annexing therewith copies of material collected during investigation.. 7.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the driver of the truck as well as another accused person, who happens to be the applicant's son, has already been granted bail and that the applicant is 62 years old person having no criminal history and he is languishing in jail since 21.06.2025, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid case. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Islam Khan 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 magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. September 15, 2025 KR BAIL No. 6372 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench