Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29570 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Ramkripal Yadav, learned counsel for the applicant, Sri S. K. Shukla, learned State Law Officer for the State and perused the record.
3. Applicant seeks bail in Case Crime No. 199/2025, under Sections 3/5A/5B/8 of Prevention of Cow Slaughter Act, Police Station- Saiyadraja, District Chandauli, during the pendency of trial.
4. As per prosecution story, the applicant was arrested from a vehicle No.UP65PT8522 on 19.07.2025 carrying one animals belonging to cow progeny.
5. Learned counsel for the applicant has stated that the applicant is the driver of the said vehicle and has been falsely implicated in the present case. He has nothing to do with the said offence. 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. There is no criminal history of the applicant. The applicant is languishing in jail since 19.07.2025 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. Versus Counsel for Applicant(s) : Ramkripal Yadav Counsel for Opposite Party(s) : G.A. Saddam Hussain .....Applicant(s) State of U.P. .....Opposite Party(s)
7. Learned A.G.A. has vehemently opposed the bail application.
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 no animal was slaughtered in the present case, no offence is made out against the applicant and the applicant has no criminal history 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- Saddam Hussain, 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 Sharad/- BAIL No. 29570 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad