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2025 DAILYLAW 81060 (ALL)

SALMAN AHMAD v. STATE OF U.P.

BAIL/28956/2025 · 2025-08-22

Sanjay Kumar Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:145761 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28956 of 2025 Applicant :- Salman Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Amitabh Patel,Mohd. Afzal Ansari Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record. By means of this bail application, applicant Salman Ahmad, who is involved in Case Crime No. 155 of 2024, under Sections 3/5A/8 of the U.P. Prevention of Cow Slaughter Act, 1955 and Section 11 of the Prevention of Cruelty to Animals Act, 1960, police station Bankata, district Deoria, seeks enlargement on bail during the pendency of trial. It is argued by learned counsel for the applicant that as per prosecution case, in brief, recovery of three cows and two cows progenies have been shown from the pick-up vehicle no. UP44T5407. The applicant has been falsely implicated in this case whereas as per own case of the prosecution, the applicant was not apprehended at the spot. Much emphasis has been given by contending that there is no witness of the alleged recovery from the vehicle of the applicant and even there is no compliance of Section 105 BNSS. The applicant has criminal history of one case being Case Crime No. 460 of 2018, under Sections 323, 504, 506 IPC and Section 3(1)r, s SC/ST Act, Police Station Gosaiganj, District Sultanpur, in which he has been granted bail. Lastly, it is submitted that there is no chance of the applicant fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 05.06.2025 and in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial. Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant but does not dispute the above factual aspect of the matter as argued on behalf of the applicant. Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, this Court is of the opinion that the applicant has made out a case for bail. Hence, the bail application is hereby allowed. Let the applicant Salman Ahmad be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions, which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. Order Date :- 23.8.2025 Shubham Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad