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2025 DAILYLAW 172131 (ALL)

AKHILESH KUMAR v. STATE OF U.P.

BAIL/24838/2025 · 2025-10-27

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24838 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. 1. Heard Sri Siddharth Srivastava, learned counsel for the applicant, Sri Puneet Kumar Singh, learned AGA for the State-Respondent and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of the accused-applicant seeking enlargement on bail in Case Crime No. 80 of 2025, under section 3/5A/8 U.P. Prevention of Cow Slaughter Act, 1955 and section 11 of The Prevention of Cruelty to Animals Act, Police Station- Tahbarpur , District- Azamgarh, during the pendency of trial. 3. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 16.06.2025. Learned counsel for the applicant submits that similarly circumstanced co-accused, Rohit Yadav and Abid Ali, have already been enlarged on bail by this Court as well as the Co-ordinate Bench of this Court vide orders dated 15.10.2025 and 19.09.2025 in Criminal Misc. Bail Applications No.21647 of 2025 and 32340 of 2025, who are the driver and khalasi of the vehicle in question and the role of applicant, being the owner of truck, is on much better footing to that of above co-accused, hence he is also liable to be enlarged on bail on the ground of parity. He submits that the applicant has no criminal antecedent to his credit. He further submits that there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Versus Counsel for Applicant(s) : Prakash, Siddharth Srivastava Counsel for Opposite Party(s) : G.A. Akhilesh Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) 4. Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but could not dispute the aforesaid fact. 5. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Akhilesh Kumar, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: (i) The applicant will not tamper with the evidence. (ii) The applicant will not indulge in any criminal activity. (iii) The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. (iv) The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 8. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. October 28, 2025 Saif BAIL No. 24838 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad