Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26247 of 2025 Court No. - 67 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 Ashutosh Gupta, learned counsel for the applicant and Sri R.P. Patel, learned State Law Officer and also perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 99 of 2025, under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, Police Station - Govind Nagar, District - Mathura, during the pendency of trial.
4. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. He has nothing to do with the said offence. It is further stated that the recovery of beef from the applicant is false. Even the eye-witnesses have not corroborated the prosecution story. It is also submitted that there is no compliance of mandatory provisions of Section 105 BNSS. The applicant has been simply made scapegoat by the police to show good work. There is no criminal history of the applicant. The applicant is languishing in jail since 06.06.2025 and is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
5. The bail application has been opposed but the submissions raised by the
learned counsel for the applicant could not be disputed. Versus Counsel for Applicant(s) : Ashutosh Gupta, Mohammad Areeb, Vandana Gupta Counsel for Opposite Party(s) : G.A. Ballu .....Applicant(s) State of U.P. .....Opposite Party(s)
6. Learned State Law Officer 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 applicant has made out a case for bail. The bail application is allowed.
8. Let the applicant- Ballu, 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.
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 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 #Vik/- BAIL No. 26247 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad