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2025 DAILYLAW 184712 (ALL)

KURBAN ALI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/9652/2025 · 2025-12-10

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9652 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. Learned counsel for the applicant submits that the applicant has been falsely implicated. Allegations in the prosecution case is that the applicant beat the cow with a lathi while it was grazing in his field; however, the postmortem report completely contradicts the prosecution version. The postmortem report has been filed along with the supplementary affidavit, which is taken on record. The applicant has been in custody since 06.08.2025 and has no criminal antecedents. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail 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. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Considering that the offence is triable by the Magistrate and the applicant is languishing in jail since 06.08.2025 without any criminal history, this Court finds it a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Kurban Ali, involved in Crime No. 278/2025, U/S 325 of Versus Counsel for Applicant(s) : Irfan Alam Counsel for Opposite Party(s) : G.A. Kurban Ali .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) B.N.S.. & U/S 3/5B/8 U.P. Cow Slaughter Act, P.S. Kotwali Dehat, District Balrampur, 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. December 10, 2025 R.C. BAIL No. 9652 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench