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2025 DAILYLAW 89592 (ALL)

NAUSHAD v. STATE OF UTTAR PRADESH THROUGH HOME SECRETARY, LUCKNOW

BAIL/29300/2025 · 2025-09-09

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29300 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Adarsh Srivastava, learned counsel for the applicant and Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 05 of 2016, under Sections 3/5/8 of Cow Slaughter Act, Police Station Aliganj, District Etah, during the pendency of trial. 4. As per prosecution story, six calves are stated to have been recovered from the vehicle from which the applicant is stated to have run away. 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. 6. Learned counsel has next stated that there is no test identification as per Section 7 of Bhartiya Sakshya Adhiniyam, as such it is a clear cut case of false implication. Even no case of Cow Slaughter Act is made out and the case, if any, made out against the applicant is of Prevention of Animal Cruelty Act. 7. There is no criminal history of the applicant. The applicant is languishing in jail since 10.09.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the Versus Counsel for Applicant(s) : Adarsh Srivastava, Reena Pal Counsel for Opposite Party(s) : Naushad .....Applicant(s) State Of Uttar Pradesh Through Home Secretary, Lucknow .....Opposite Party(s) liberty of bail. 8. Learned A.G.A. has vehemently opposed the bail application. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and without expressing any opinion on the merit of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 10. Let the applicant- Naushad, 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 the 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. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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 Sumit S BAIL No. 29300 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad