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2025 DAILYLAW 198294 (ALL)

GULZAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO

/12740/2024 · 2025-12-08

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12740 of 2024 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. As per the prosecution case, the applicant, along with two co-accused persons, was apprehended on the spot while in possession of a TVS motorcycle, two knives, a bag containing approximately 5 kg of cow meat bones, and another bag allegedly containing 40 kg of beef. Submission of learned counsel for the applicant submits that the offences alleged are triable by the Magistrate. It is stated that the applicant is in custody since 25.10.2024 and has disclosed his criminal antecedents of two cases in paragraph 12 of the bail application. It is further pointed out that co- accused Krishna Kumar, who is stated to have a role similar to that of the applicant, has already been granted bail by this Court vide order dated 21.11.2025 passed in Criminal Misc. Bail Application No. 10980 of 2025, and therefore, the applicant claims parity. It is further submitted that the applicant is languishing in jail since 25.10.2024. 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 AGA has opposed the bail application, however, could not dispute the fact that it is a case of parity. Versus Counsel for Applicant(s) : Gyanendra Pratap Yadav, Akhil Kumar Singh, Arti Shukla Counsel for Opposite Party(s) : G.A. Gulzar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s) Considering the fact that co-accused Krishna Kumar, assigned a similar role, has already been enlarged on bail, offence is triable by magistrate and taking into account that the applicant has remained in custody since 25.10.2024, this Court finds it a fit case for grant of bail on the ground of parity. Accordingly, the bail application is allowed. Let the applicant Gulzar, involved in Case Crime No. 1.94/2024, Under section 3/5/8 UP prevention of cow slaughter Act Police Station Dhanpatganj, District-Sultanpur, 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 8, 2025 R.C. BAIL No. 12740 of 2024 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench