Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 72130 (ALL)

SHIV KUMAR OJHA v. STATE OF U.P.

BAIL/23769/2025 · 2025-09-21

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 23769 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Ms. Aanya Verma, learned counsel for the applicant and Sri Ashutosh Srivastava, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 160 of 2025, under Sections 3/5A/5B/8 of U.P. Cow Slaughter Act, Section 11 of U.P Prevention of Cruelty to Animals Act and Section 325 of BNS, Police Station - Salempur, District - Deoria, during the pendency of trial. 4. 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. 5. Learned counsel has argued that no animal was slaughtered in the present case, thus, no offence is made out under the U.P. Prevention of Cow Slaughter Act, 1955. However, if any offence is committed, it may fall within the ambit of Prevention of Cruelty to Animals Act, 1960 only. 6. Learned counsel has next contended that the applicant is languishing in jail since 8.5.2025, having no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 7. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the Versus Counsel for Applicant(s) : Aanya Verma, Alok Saxena Counsel for Opposite Party(s) : G.A. Shiv Kumar Ojha .....Applicant(s) State of U.P. .....Opposite Party(s) applicant and also the fact that the applicant has no criminal history. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, nature of offence, severity of punishment and also considering the fact that no animal was slaughtered in the instant case, prima facie I find it a fit case to release the applicant on bail. The bail application is allowed. 9. Let the applicant- Shiv Kumar Ojha, 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. 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 22, 2025 Siddhant BAIL No. 23769 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad