KAMAR JAHAN v. STATE OF U.P. THRU. SECY. HOME DEPTT. U.P. LKO.
BAIL/8362/2025 · 2025-09-08
Subhash Vidyarthi
body2025
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[ 2025 DAILYLAW 162220 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 162220 (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. - 8362 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Amit Kumar, learned counsel for the applicant, Sri Mayant Sinha, 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. 4. In the affidavit filed in support of bail application it has been stated that the applicant is an innocent woman having no criminal history and she has been falsely implicated in the present case. 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. Kamar Jahan .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. U.P. Lko. .....Opposite Party(s)
6. The learned counsel for the applicant has submitted that the applicant's husband -co-accused Ajijul Khan and her son co-accused Amir Khan, have already been granted bail in the present case by means of orders dated 01.09.2025 and 25.08.2025 passed by this Court in Crl. Misc. Bail Application Nos. 8081 of 2025 and 7912 of 2025, respectively. 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 alleged recovery has not been witnessed by any independent person;that two co-accused persons have already been granted bail in the present case, coupled with the fact that the applicant is a woman having no criminal history and she is languishing in jail since 08.07.2025, 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- Kamar Jahan 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 8, 2025 Preeti. BAIL No. 8362 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench