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2025 DAILYLAW 164059 (ALL)

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

/8778/2025 · 2025-09-23

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8778 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned A.G.A. for the State-respondent and perused the record. In the prosecution case, it is alleged that on secret information of Mukhbir, a Mahindra PIC UP Vehicle was intercepted, the co-accused ran away but one co- accused Sebu was caught. Rs.120/- alongwith two mobile phones and two cows and two calves are alleged to have been recovered from the possession of the applicant. Learned counsel for the applicant submits that the applicant has no criminal antecedents, the offence is triable by Magistrate. No cow meat or beef or any incriminating material has been recovered from the possession of the applicant. Transportation of live cows is not an offence under Section 5- A of the Cow Slaughter Act. Learned A.G.A. has opposed the bail prayer and submits Versus Counsel for Applicant(s) : Zahid Parvez, Faizal Hashmi Counsel for Opposite Party(s) : G.A. Sebu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) that charge-sheet has been filed in this case. On due consideration to the submission advanced, perusal of the record as also the fact that the applicant is in jail since 11.08.2025, charge-sheet has been filed, the offence is triable by Magistrate, there is no recovery of any dead animal or cow meat from the possession of the applicant or Mahindra PIC UP Vehicle and without expressing any opinion on merits of the case I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant- Sebu involved in Case Crime No.386 of 2025, under Sections 3/5-A/8 of Cow Slaughter Act and 11 (1) dha of Prevention of Cruelty of Animals Act U.P. , Police Station Gosaiganj, District- Sultanpur be released on bail on his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed BAIL No. 8778 of 2025 2 for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Panel Code (now Section 269 of BNS). (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Panel Code (now Section 209 BNS). September 23, 2025 dk/ BAIL No. 8778 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench