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2025 DAILYLAW 98691 (ALL)

ABID ALI v. STATE OF U.P.

BAIL/32340/2025 · 2025-09-18

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. - 32340 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Surya Pratap Singh, holding brief of Sri Sanjay Kumar Yadav, learned counsel for the applicant and Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 80 of 2025, under Sections 3/5A/8 of Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animals Act, Police Station Tahbarpur, District Azamgarh, 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, 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. The applicant is purported to be the driver of the said vehicle. 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. There is no criminal history of the applicant. The applicant is languishing in jail since 21.06.2025 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) : Prateek Pratap Singh, Sanjay Kumar Yadav Counsel for Opposite Party(s) : G.A. Abid Ali .....Applicant(s) State of U.P. .....Opposite Party(s) liberty of bail. 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 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- Abid Ali, 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. 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 19, 2025 Sumit S BAIL No. 32340 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad