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2025 DAILYLAW 160515 (ALL)

FIRASAT v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/8113/2025 · 2025-09-01

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8113 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Firoz Ahmad Khan, learned counsel for the applicant, Shri Angad Kumar Vishwakarma, learned AGA for the State and perused the records. 2. This application has been filed by the applicant Firasat, seeking bail in case crime No. 05 of 2025 under sections 3/5A(1), 5B/8, Uttar Pradesh Prevention of Cow Slaughter Act and Section 11 of the Prevention of Cruelty to Animals Act, Police Station Baba Bazar, District Ayodhya/Faizabad. 3. The aforesaid FIR has been registered on the basis of an F.I.R. lodged by the sub-inspector of Police on 05/01/2025 against five persons, including the applicant. The FIR states that on the basis of information received from a mukhbir, a container vehicle was intercepted. Three co- accused persons sitting in the vehicle, namely Suleman, Tausim, and Mohsin Ahmad, were arrested, and it was found that 27 cow progenies were loaded in the container vehicle. The arrested persons stated that the cow progenies were being transported under instructions of Firasat (Applicant) and Riyasat. 4. The applicant's involvement in 12 cases has been disclosed in paragraph 19 of the affidavit filed in support of the bail application, and paragraph- 2 of the supplementary affidavit filed today, which is taken on record. In two of these cases, the applicant has been acquitted, and in eight cases he has been granted bail. 5. The co-accused Riyasat, against whom several allegations have been leveled, has been granted anticipatory bail by means of an order dated 10/07/2025, passed by a coordinate bench of this court in anticipatory bail application No. 843 of 2025. 6. The learned Additional Government Advocate has opposed the bail Versus Counsel for Applicant(s) : Firoz Ahmad Khan Counsel for Opposite Party(s) : G.A. Firasat .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) application and submitted that the investigation is still ongoing. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has been implicated in the present case solely on the basis of custodial statements of co-accused persons, and another co-accused, Riyasat, whose case is at par with the case set up against the applicant, has been granted anticipatory bail, whereas the applicant is languishing in jail since 30/07/2025, I am of the view that the applicant is also entitled to be released on bail on the ground of parity. 8. Accordingly, the bail application is allowed. 9. Let the applicant- Firasat 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 A.Nigam BAIL No. 8113 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench