ARBAJ KHAN v. STATE OF U.P. THRU. SECY. HOME DEPTT. U.P. GOVT. LKO.
BAIL/9469/2025 · 2025-09-26
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 167632 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 167632 (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. - 9469 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Amit Kumar, learned counsel for the applicant, Shri Jayant Singh Tomar, learned Additional Government Advocate-I 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 co-accused Azizul Khan. 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 24 years, he is innocent, he has been falsely implicated in the present case and he has no criminal history. 5. A co-accused Amir Khan has been granted bail by means of an order dated 25.08.2025 by this Court in Bail Application No.7912 of 2025. Versus Counsel for Applicant(s) : Amit Kumar Counsel for Opposite Party(s) : G.A. Arbaj Khan .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. U.P. Govt. Lko. .....Opposite Party(s)
6. The learned Additional Government Advocate-I appearing on behalf of the State has opposed the prayer for bail and he has submitted that a charge sheet has been submitted on 17.09.2025. 7.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the house from where the flesh of cow progeny is alleged to have been recovered does not belong to the applicant; that besides custodial statement of a co-accused person there is no other material to connect the applicant with the offence in question; that the applicant is a young man aged 24 years having no previous criminal history and he is languishing in jail since 02.09.2025 whereas the investigation already stands concluded and a co-accused persons has already been granted bail 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 crime. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Arbaj 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 26, 2025 S. Shivhare BAIL No. 9469 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench