Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 83543 (ALL)

SHIVSHANKAR v. STATE OF U.P.

BAIL/27224/2025 · 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. - 27224 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Counter affidavit filed by learned A.G.A. today is taken on record. 3. Heard Shri Hari Narayan Singh, learned counsel for the applicant as well as Shri Sunil Kumar, learned A.G.A. for the State and perused the record. 4. Applicant seeks bail in Case Crime No. 160 of 2025, under Section 325 of B.N.S., read with Section 3/5A/5B/8 of U.P. Prevention of Cow Slaughter Act, 1955 and Section 11 of Prevention of Cruelty to Animals Act, Police Station- Salempur, District- Deoria, during the pendency of trial. 5. It is submitted by learned counsel for the applicant that similarly placed co-accused person, Vijendra Kumar Singh has already been enlarged on bail by this Court vide order dated 12.09.2025 passed in Criminal Misc. Bail Application No. 25930 of 2025. The applicant is languishing in jail since 08.05.2025, having no criminal history. He further submitted that since the role of the applicant is identical to that of co-accused, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. 6. The prayer for bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspects of parity to the co-accused and of no criminal history of the applicant, have not been disputed by him. 7. Considering the facts and circumstances of the case, submissions made by Versus Counsel for Applicant(s) : Hari Narayan Singh Counsel for Opposite Party(s) : G.A. Shivshankar .....Applicant(s) State of U.P. .....Opposite Party(s) 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 on the ground of parity. The bail application is allowed on the ground of parity. 8. Let the applicant- Shivshankar involved in aforementioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate 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, the prosecution shall be at liberty to move bail cancellation application before this Court. 10. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 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 on the testimony of the witnesses. September 22, 2025 #Vik/- BAIL No. 27224 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad