Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32630 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. Heard Sri Sunil Kumar Singh, learned counsel for the applicant and Sri Ashwani Kumar Tripathi, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 91 of 2024, under Sections 3/5A/8 of Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animals Act and Section 207 of Motor Vehicle Act, Police Station Dramandganj, District Mirzapur, during the pendency of trial. 4. 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. 5. Learned counsel for the applicant has contended that the applicant is not named in the FIR. It is next stated that since no animal was slaughtered in the present case, no offence is made out against the applicant under the Uttar Pradesh Prevention of Cow Slaughter Act, 1955. It is submitted that, if at all any offence is disclosed, the same would fall only within the ambit of the Prevention of Cruelty to Animals Act, 1960. 6. The criminal history assigned to the applicant has been explained in paragraph no.18 to the affidavit accompanying the bail application. The applicant is languishing in jail since 27.05.2025 and he is ready to Versus Counsel for Applicant(s) : Devid Kumar Singh, Sunil Kumar Singh Counsel for Opposite Party(s) : G.A. Jamshed Khan Alias Babu Khan .....Applicant(s) State of U.P. .....Opposite Party(s)
cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application. 8. 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. 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- Jamshed Khan @ Babu Khan, 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 23, 2025 Sumit S BAIL No. 32630 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad