Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:121740 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9577 of 2025 Applicant :- Faizan Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Jamshed Khan Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised. Rejoinder affidavit filed today by the
learned counsel for the applicant is taken on record.
2. Heard Sri Srijan Pandey, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and also perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 108 of 2025, under Sections 3/5A/8 of Cow Slaughter Act, Section 11(1)D of U.P. Prevention of Cruelty to Animals Act and Sections 115(2), 351(2), 127(20 of BNS, Police Station - Badaut, District - Baghpat, during the pendency of trial.
4. As per prosecution story, five animals belonging to cow progeny were recovered from a truck of which three were found dead as they were stashed mercilessly in it. The applicant is stated to be the conductor of the said truck.
5. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. He was simply a conductor in the said truck and has been falsely implicated in the case.
6. Learned counsel has also stated that no case under the Cow Slaughter Act is made out, and if any offense is alleged, it would fall within the purview of the Prevention of Cruelty to Animals Act. The applicant has no criminal history and deserves to be released on bail.
7. Learned counsel has next contended that the applicant is languishing in jail since 22.02.2025. In case, the applicant is
released on bail, he will not misuse the liberty of bail and shall cooperate with trial.
8. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the
learned counsel for the applicant and also the fact that the applicant has no criminal history.
9. Considering the facts and circumstances of the case,
submissions made by learned counsel for the parties, nature of offence, severity of punishment, criminal antecedents of the applicant and also considering the fact that the period of incarceration, I find it a fit case to release the applicant on bail. The bail application is allowed.
10. Let the applicant- Faizan, who is involved in aforementioned case crime 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed.
11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
12. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date:- 24.7.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad