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2025 DAILYLAW 84406 (ALL)

SURAJ v. STATE OF U.P.

BAIL/27445/2025 · 2025-08-22

Sanjay Kumar Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:145637 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27445 of 2025 Applicant :- Suraj Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Ahmar Malik Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant and learned Additional Government Advocate representing the State. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 34 of 2025, under Sections 3/5A/5B/8 Prevention of Cow Slaughter Act and Section 11 of Animal Cruelty Act, police station Syedraza, district Chandauli, during the pendency of trial. It is argued by learned counsel for the applicant that as per prosecution case 6 live progeny were recovered from Bolero Max Pickup bearing No. UP 72 CT 6282, which was being driven by co-accused Akhilesh Kumar and Vishal Kumar was sitting in the vehicle as a cleaner. The applicant was not apprehended at the spot. He has been implicated in this case because he is owner of the vehicle. It is also pointed out that other two co-accused, namely, Akhilesh Kumar and Vishal Kumar have been granted bail by the coordinate Bench of this Court vide separate orders dated 18.04.2025 in Criminal Misc. Bail Application Nos. 11786 of 2025 and 11877 of 2025 respectively. Hence the applicant is also entitled for bail on the ground of parity. The applicant has no criminal antecedent. Lastly, it is submitted by the learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 18.07.2025 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 Additional Government Advocate opposed the prayer for bail of the applicant but could not dispute the above factual aspect of the matter as argued on behalf of the applicant. Having heard learned counsel for the parties and examined the matter in its entirety, I find substance in the submission of learned counsel for the applicant that co-accused Akhilesh Kumar and Vishal Kumar have been granted bail, therefore, prima facie the applicant has made out a case for bail on the ground of parity. Hence, the bail application is hereby allowed. Let the applicant-Suraj, 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:- (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 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad