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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26243 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Counter affidavit filed by learned A.G.A. today is taken on record.
2. Heard Sri Hari Shankar Chaurasiya, learned Advocate holding brief of Sri A.P. Singh, learned counsel for the applicants, Sri Sunil Kumar, learned A.G.A. for the State and perused the record.
3. Applicants seek bail in Case Crime No.240 of 2025, under Sections 3/5A/8/5B of Prevention of Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animals Act, Police Station Tamkuhiraj, District Kushinagar, during the pendency of trial.
4. Learned counsel for the applicants has stated that the applicants have been falsely implicated in the present case. They have nothing to do with the said offence. Since no animal was slaughtered in the present case, no offence is made out under the Uttar Pradesh Prevention of Cow Slaughter Act, 1955. If at all any offence is disclosed, the same would fall only within the ambit of the Prevention of Cruelty to Animals Act, 1960. There is no criminal history of the applicants. The applicants are languishing in jail since 23.06.2025 and are ready to cooperate with trial. In case, the applicants are released on bail, they will not misuse the liberty of bail.
5. The bail application has been opposed but the submissions raised by the
learned counsel for the applicants could not be disputed. Versus Counsel for Applicant(s) : A.P. Singh, Amrita Kashyap Counsel for Opposite Party(s) : G.A. Azad And Another .....Applicant(s) State of U.P. .....Opposite Party(s)
6. Learned A.G.A. has vehemently opposed the bail application.
7. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, pending trial and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.
8. Let the applicants- Azad and Suhail Ansari, who are 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 applicants shall not tamper with evidence during trial. (ii) The applicants shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicants shall appear before the trial court on the date fixed.
9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
10. It is made clear that observations made in granting bail to the applicants 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 #Vik/- BAIL No. 26243 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad