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2025 DAILYLAW 182266 (ALL)

SAMIULLAHA v. THE STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/11673/2025 · 2025-11-25

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11673 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Supplementary Affidavit filed by learned counsel for the applicant is taken on record. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No.82 of 2025 under Section 3/5/8 Cow Slaughter Act, Police Station Maharaj Ganj Tarai, District Balrampur. Learned counsel for the applicant submits that the name of the applicant has surfaced only in the confessional statement of the co- accused, Sonu Khan. No recovery has been made from the present applicant. The co-accused, Sonu Khan, has already been granted bail by this Court vide order dated 07.11.2025 passed in Bail Application No. 10732 of 2025 (Annexure-2 to the bail application). The applicant, therefore, seeks parity with the bail order of the said co-accused. Learned counsel for the applicant further submits that the offence is triable by a Magistrate. The applicant has a criminal history of one case, which he has explained in the supplementary affidavit. The applicant is in jail since 19.09.2025. Charge-sheet in the matter has already been filed. Versus Counsel for Applicant(s) : Vimal Shukla, Ayush Singh Counsel for Opposite Party(s) : G.A. Samiullaha .....Applicant(s) The State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration to the bail order of the co-accused Sonu Khan and the facts that the applicant is in jail since 19.09.2025; charge- sheet has been filed in the matter; the offence is triable by a Magistrate; and he has explained the criminal history of one case, and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed on the ground of parity. Let the applicant Samiullaha involved in the aforesaid FIR/Case crime number, be released on bail in the aforementioned 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. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of BAIL No. 11673 of 2025 2 the trial. November 25, 2025 Madhu D.R/P.S BAIL No. 11673 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench