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2025 DAILYLAW 96764 (ALL)

ALGU BIND @ AMIT KUMAR v. STATE OF U.P.

BAIL/31719/2025 · 2025-09-22

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31719 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Keshari Nandan Singh, learned counsel for the applicant and Sri R.P. Patel, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 34 of 2025, under Sections 3/5A/5B/8 of U.P. Cow Slaughter Act and Section 11 of U.P. Prevention of Cruelty to Animals Act, Police Station - Dhina, District - Chandauli, during the pendency of trial. 4. Learned counsel for the applicant has argued that no animal was slaughtered in the present case, thus, no offence is made out under the U.P. Prevention of Cow Slaughter Act, 1955. However, if any offence is committed, it may fall within the ambit of Prevention of Cruelty to Animals Act, 1960 only. 5. Learned counsel has further argued that the applicant is innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. He is languishing in jail since 17.06.2025. Criminal history of one case assigned to the applicant stands explained in the affidavit. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 6. Per contra, learned State Law Officer has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant. Versus Counsel for Applicant(s) : Keshari Nandan Singh Counsel for Opposite Party(s) : G.A. Algu Bind @ Amit Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) 7. In the case of Prabhakar Tewari Vs. State of U.P. and another, (2020) 11 SCC 648, the Supreme Court has observed that pendency of several criminal cases against an accused by itself cannot be a basis for refusal of bail. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, nature of offence, severity of punishment and without expressing any opinion on merits of the case, prima facie I find it a fit case to release the applicant on bail. The bail application is allowed. 9. Let the applicant- Algu Bind @ Amit Kumar, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will 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 23, 2025 Siddhant BAIL No. 31719 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad