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2025 DAILYLAW 167584 (ALL)

SALMAN AND ANOTHER v. STATE OF UP THRU. PRIN. SECY. HOME, LKO.

BAIL/9412/2025 · 2025-09-26

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9412 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Rahul Mishra, the learned counsel for the applicants, Sri Amit Kumar Dwivedi, the learned A.G.A. for the State and perused the record. 2. The instant application has been filed seeking release of the applicants on bail in Case Crime No. 386/2025, under Sections 3/5A/8 of U.P. Prevention of Cow Slaughter Act, 1955 and under Section 11(1)Dha of Prevention of Cruelty to Animals Act, 1960, Police Station Gosainganj, District Sultanpur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged by a Sub Inspector of Police on 11.08.2025 against five persons, including the applicants, stating that on the basis of information received from a mukhbir, a pickup vehicle was intercepted. The driver of the vehicle and three other persons standing in it escaped. One person sitting in the vehicle named Sibu was arrested. Two cows and two calves were recovered from the vehicle. The person arrested told that all the accused persons are involved in slaughtering cows. 4. In the affidavit filed in support of the application, it has been stated that the applicants are innocent and they have been falsely implicated in the present case. The applicant no. 1 is involved in 4 other cases, in one of which he has been acquitted, in one case a closure report has been submitted and in two cases he has been granted bail. The Versus Counsel for Applicant(s) : Rahul Mishra Counsel for Opposite Party(s) : G.A. Salman And Another .....Applicant(s) State Of Up Thru. Prin. Secy. Home, Lko. .....Opposite Party(s) applicant no. 2 is involved in six other cases, in one of which he has been acquitted, in one case a closure report has been submitted and in rest of the cases he has been granted bail. 5. The co-accused person who was arrested on the spot namely Sibu has been granted bail by means of an order dated 23.09.2025 passed by a coordinate Bench of this Court in Criminal Misc. Bail Application No. 8778 of 2025. 6. Learned AGA has opposed the bail application and he has submitted that on the basis of material collected during investigation a charge sheet has been submitted on 26.08.2025. 7. Having considered the aforesaid facts and circumstances of the case, I am of the view that the applicants are also entitled to be released on bail on the ground of parity. 8. Accordingly, this bail application stands allowed. 9. Let the applicants- Salman and Saddam Husain 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 the following conditions: - (i) the applicants shall not tamper with the prosecution evidence; (ii) the applicants shall not pressurize the prosecution witnesses; (iii) the applicants shall appear on each and every date fixed by the trial court. September 26, 2025 Pradeep/- BAIL No. 9412 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench