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2025 DAILYLAW 84145 (ALL)

AMIR ALIAS MOHD SHADAB v. STATE OF U.P.

BAIL/27359/2025 · 2025-08-21

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27359 of 2025 Court No. - 18 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Satish Sharma, learned counsel for the applicant, Sri Nitesh Kumar Srivastava, learned Additional Government Advocate for the State and perused the records. 2. This is the second application seeking release of the applicant on bail in Case Crime No.136 of 2024, under Sections 3/5A-5B/8 of Prevention of Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animals Act, registered at Police Station Rohaniya, District Varanasi. 3. The first application bearing Criminal Misc. Bail Application No.38402 of 2024 was rejected by this court by means of an order dated 28.02.2025. 4. While rejecting the first bail application, this court had directed the trial court to proceed with the trial with all possible expedition by fixing dates at short intervals and by not granting any unnecessary adjournments and to conclude the trial as soon as possible. 5. The second bail application has been moved on the ground that in spite of the aforesaid direction issued by this court the trial court has not proceeded expeditiously and examination of PW-1 is going on and it has not concluded till date. 6. In response to a query by the court the learned counsel for the applicant has stated that the copy of order dated 28.02.2025, passed by this court has not been brought to the notice of the trial court. 7. When the applicant himself has not brought the order dated 28.02.2025, passed by this court to the knowledge of trial court, the trial court cannot be Versus Counsel for Applicant(s) : Satish Sharma Counsel for Opposite Party(s) : G.A. Amir Alias Mohd Shadab .....Applicant(s) State of U.P. .....Opposite Party(s) expected to comply the order of proceeding with trial expeditiously. 8. In these circumstances, the delay in trial would not make out a ground for allowing the second bail application of the applicant, when the order dated 28.02.2025 has not been brought to the notice of trial court. 9. In view of the aforesaid discussion, there is no good ground for allowing the second bail application of the applicant. The second bail application is accordingly rejected. August 22, 2025 Ram. BAIL No. 27359 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad