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2025 DAILYLAW 86831 (ALL)

WASIM AHMAD v. STATE OF U.P.

BAIL/28489/2025 · 2025-09-09

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28489 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Ishwar Kumar Upadhyay, learned counsel for the applicant as well as Sri Ashwani Kumar Tripathi, learned A.G.A. for the State and perused the material placed on record. 3. Applicants seek bail in Case Crime No. 173 of 2025, under Sections 3, 5A & 8 Prevention of Cow Slaughter Act and Section 11 of Prevention of Animal Cruelty Act and Section 109 B.N.S., Police Station- Ubhaon, District- Ballia, during the pendency of trial. 4. As per prosecution story, six animals belonging to cow progeny were found stashed mercilessly in the pickup vehicle no. UP54AT9270 by the police on 17.6.2025. 5. Learned counsel for the applicant has argued 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 FIR is delayed by about five hours and there is no explanation of the said delay caused. 6. Learned counsel for the applicant has further stated that the applicant is neither the owner nor the driver of the said vehicle rather he was simply a passenger in the said vehicle and had taken a lift in it. No offence under Cow Slaughter Act is made out against the applicant. There is no criminal antecedent of the applicant. The applicant is languishing in jail since Versus Counsel for Applicant(s) : Ishwar Kumar Upadhyay Counsel for Opposite Party(s) : G.A. Wasim Ahmad .....Applicant(s) State of U.P. .....Opposite Party(s) 17.6.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned A.G.A. has vehemently opposed the bail application. 8. On due consideration to the arguments advanced by learned counsel for the applicant as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicant, 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. The bail application is allowed. 9. Let the applicant- Wasim Ahmad, 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 pressurize/intimidate 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 10, 2025 Vikas Verma BAIL No. 28489 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad