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2025 DAILYLAW 186286 (ALL)

MOHD. SHAHEBAN @ SHAHBAN v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. U.P.

BAIL/12130/2025 · 2025-12-04

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12130 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 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. 183 of 2025 under Section 3/5-Kha/9 Prevention of Cow Slaughter Act, Police Station Salon, District Raebareli. Learned counsel for the applicant submits that co-accused Vaheed Khan @ Ramjaan has been granted bail by this Court vide order dated 16.7.2025 passed in Bail Application No.6530 of 2025 as contained in Annexure-4 to the bail application, and the applicant, therefore, claims parity. The role assigned to the applicant is akin to that of co-accused Vaheed Khan @ Ramjaan. It is further submitted that the applicant has explained the criminal history of three cases in paragraph 9 of the bail application. The applicant is in jail since 22.05.2025. 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 Versus Counsel for Applicant(s) : Anjali Dubey Counsel for Opposite Party(s) : G.A. Mohd. Shaheban @ Shahban .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. U.P. .....Opposite Party(s) the parties as well as perused the record. On due consideration of the facts that the applicant is in jail since 22.05.2025, that the role assigned to the applicant is akin to that of co-accused Vaheed Khan, and that the applicant has explained the criminal history, 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. Let the applicant Mohd. Shaheban @ Shahban 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 the trial. December 4, 2025 Madhu D.R/P.S BAIL No. 12130 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench