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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25833 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. Heard Sri Rajesh Singh Baish, learned counsel for the applicant, Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.306 of 2024, under Sections 221, 109(1), 324(3) B.N.S., 2023, Section 3/5A/8 Cow Slaughter Act and Section 11 of Prevention of Animal Cruelty Act, Police Station Lalganj, District Mirzapur, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is not named in the FIR and has been falsely implicated in the present case. His name has come up subsequently in the confessional statement of arrested co- accused person nine days after the incident. The said confessional statement has no evidentiary value being hit by Section 23 of Bharatiya Sakshya Adhiniyam. 5. Learned counsel for the applicant has further argued that the criminal history assigned to the applicant stands explained. The applicant is languishing in jail since 12.04.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned A.G.A. has vehemently opposed the bail application. Versus Counsel for Applicant(s) : Rajesh Singh Baish Counsel for Opposite Party(s) : G.A. Ajaz .....Applicant(s) State of U.P. .....Opposite Party(s)
7. The Supreme Court in Prabhakar Tewari vs. State of U.P. And Another, (2020) 11 SCC 648 has observed that pendency of several criminal cases against an accused itself cannot be a basis for refusal of bail, if otherwise his case for bail is made out. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 9. Let the applicant- Ajaz, 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 shall not tamper with evidence during trial.
(ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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. September 10, 2025 (Ravi Kant) BAIL No. 25833 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad