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2025 DAILYLAW 160089 (ALL)

ISTIYAK v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/8047/2025 · 2025-08-27

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8047 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Zahid Parvez, learned counsel for the applicant, Shri Prashant Tripathi, learned A.G.A. for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.78 of 2025 under Sections 3/5-A/8 of Cow Slaughter Act registered at Police Station- Bandhua Kalan, District- Sultanpur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 03.06.2025 by a Sub-Inspector of Police stating that some photos and videos were spread virally on social media showing remains of some cow progeny. The informant found some remains of a cow progeny amongst some bushes near a Canal. 4. The Investigating Officer arrested a co-accused person on the basis of an information received from a Mukhbir and in his custodial statement, he confessed commission of offence and he further alleged that the applicant was also involved. 4. Co-accused persons Naseeb Ulla @ Naseem Ullahas, Zafre Alam, Irfan, Moshin and Ravi Ulla have been granted bail in the present case, copies of their bail orders have been annexed with the bail application. 5. A supplementary affidavit has been filed by the applicant disclosing his involvement in another criminal case, in which he has been granted bail by the Session Court. Versus Counsel for Applicant(s) : Zahid Parvez, Faizal Hashmi Counsel for Opposite Party(s) : G.A. Istiyak .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) 6. Learned A.G.A. has vehemently opposed the bail application and he has submitted that allegations have been established during investigation and a charge-sheet has been submitted on 21.07.2025. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has been implicated solely on the basis of custodial statement of co-accused person and that five co-accused persons have been granted bail and that the applicant is languishing in jail since 19.07.2025 whereas the investigation stands concluded, 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- Istiyak be released on bail in the aforementioned 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. August 27, 2025 -Amit K- BAIL No. 8047 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench