SHIBU v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO.
BAIL/9846/2025 · 2025-10-15
Karunesh Singh Pawar
body2025
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[ 2025 DAILYLAW 201812 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 201812 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9846 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J.
1. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 2. In the prosecution case, the allegation levelled is that on the basis of the information received from the secret informer, a raid was conducted upon the house of Kamar Jahan. Six persons are alleged to have escaped from the place of occurrence from broken wall of the house. It is further alleged that 40 kg raw meat of cow progeny have been recovered the house of Kamar Jahan. 3. The submission of learned counsel for the petitioner is that the name of the applicant has surfaced in the confessional statement of the co-accused and he has not been arrested from the place of occurence. He further submits that no recovery has been made from the possession of applicant. He next submits that chargesheet in the case has already been filed. The applicant has no criminal history and he is in jail since 30.08.2025. He also submits that the applicant undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. 4. The co-accused namely, Amir Khan, Ajijul Khan and Kamar Jahan, who have been assigned similar role, have been granted bail by the coordinate bench of this Court vide orders dated 25.08.2025, 01.09.2025 and 08.09.2025 passed in Criminal Misc. Bail Application Nos. 7912 of 2025, Criminal Misc. Bail Application Nos. 8081 of 2025 and Criminal Misc. Bail Versus Counsel for Applicant(s) : Amit Kumar Counsel for Opposite Party(s) : G.A. Shibu .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko. .....Opposite Party(s)
Application Nos. 8362 of 2025 respectively. 5. Learned A.G.A. opposed the prayer for bail but could not dispute that it is a case of parity. 6.
On due consideration to the submissions advanced, perusal of the record, the bail orders of the co-accused Amir Khan, Ajijul Khan and Kamar Jahan, as also the fact that the role of the applicant is similar to the role of co- accused Amir Khan and Ajijul Khan as well as the fact that the applicant has no criminal history and he is languishing in jail since 30.08.2025; the offences are triable by a Magistrate; charge-sheet in the case has been filed 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 on the ground of parity. 7. Accordingly, the bail application is allowed. 8. Let the applicant- Shibu involved in Case Crime No. 256 of 2025 under Sections 3, 5, 8 Uttar Pradesh Cow Slaughter Act, 1955, P.S. Bheera, District Lakhimpur Kheri, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
BAIL No. 9846 of 2025 2
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of B.N.S. October 15, 2025 Raj BAIL No. 9846 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench