AJIJUL KHAN v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO
BAIL/8081/2025 · 2025-09-01
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 160092 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 160092 (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. - 8081 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Amit Kumar, learned counsel for the applicant, Shri Satendra Srivastava, 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. 256 of 2025, under Sections 3/5/8 of Cow Slaughter Act, registered at Police Station Bheera, District Lakhimpur Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged by a Sub Inspector of Police on 08.07.2025 against seven accused persons including the applicant stating that on the basis of information received from a mukhbir the police raided the house of the applicant. Six persons escaped from a broken wall of the house. About 40 kilograms flesh of cow progeny was recovered from the house. Upon making enquiries from a woman standing on the spot she told that the flesh belonged to a calf which has been slaughtered by her husband Azizul Khan and son in law Shahid and other accused persons. 4. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 25 years, he is innocent, he has been falsely implicated in the present case and he has no criminal history. 5. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the investigation of the case is still going on. He states that no test report of the recovered flesh is available till date. Versus Counsel for Applicant(s) : Amit Kumar Counsel for Opposite Party(s) : G.A. Ajijul Khan .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko .....Opposite Party(s)
6. Co-accused Amir Khan has been granted bail in the present case by means of an order dated 25.08.2025 passed by this court in Crl. Misc. Bail Application No.7912 of 2025. 7.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that it is alleged that the recovery has been made from the applicant's house but no test report is available till date; the applicant was not arrested on the spot; the alleged recovery has not been witnessed by any independent persons and a co-accused person has already been granted bail in the present case; that the applicant is languishing in jail since 31.07.2025 and the applicant has no criminal history and without making any observation, which may affect the merits of the case, 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- Ajijul 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 1, 2025 -Amit K- BAIL No. 8081 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench