Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27784 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Praveen Kumar Singh, learned counsel for the applicant, Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the record.
3. Applicant seeks bail in Case Crime No.06 of 2025, under Sections 3/5A/5B/8 of Prevention of Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animals Act, 1960, Police Station- Kotwali Dehat, District- Mirzapur, during the pendency of trial.
4. Learned counsel for the applicant has stated that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The applicant is not named in the FIR and his name has come up subsequently during investigation. 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.
5. It is further argued by learned counsel for the applicant that there is no previous criminal history of the applicant except one case instituted subsequent to the instant FIR. The applicant is languishing in jail since 2.3.2025 and is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
6. The bail application has been opposed but the submissions raised by the
learned counsel for the applicant could not be disputed.
7. Learned A.G.A. has vehemently opposed the bail application. Versus Counsel for Applicant(s) : Praveen Kumar Singh, Rupesh Kumar Singh Counsel for Opposite Party(s) : G.A. Nitish Harijan .....Applicant(s) State of U.P. .....Opposite Party(s)
8. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the fact that applicant is not named in the FIR, and without expressing any opinion on the merits of the case, prima facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
9. Let the applicant- Nitish Harijan, 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.
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 11, 2025 Vikas Verma BAIL No. 27784 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad