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2025 DAILYLAW 96565 (ALL)

MOHAMMAD AKLAKH v. STATE OF U.P.

BAIL/31695/2025 · 2025-09-22

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31695 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Mohd. Ashraf Abbasi, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No.231 of 2025, under Sections 3/5A/8/5B of Prevention of Cow Slaughter Act, Police Station Syed Raza, District Chandauli, during the pendency of trial. 4. Learned counsel for the applicant has stated that the applicant 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 12.8.2025 and is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 5. Per contra, the bail application has been opposed by learned A.G.A., but the submissions raised by the learned counsel for the applicant could not be disputed by him. 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial and Versus Counsel for Applicant(s) : Mohd. Ashraf Abbasi Counsel for Opposite Party(s) : G.A. Mohammad Aklakh .....Applicant(s) State of U.P. .....Opposite Party(s) 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. 7. Let the applicant- Mohammad Aklakh, 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. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. 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 23, 2025 Vikas Verma BAIL No. 31695 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad