Ashish Kumar v. State of U.P

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25649 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.

¶1List has been revised.

¶2Heard Sri Sandeep Kumar Tiwari, learned counsel for the applicant and Sri Arun Kumar Mishra, learned A.G.A. for the State and also perused the material placed on record.

¶3Applicant seeks bail in Case Crime No. 128 of 2025, under Sections 3/5A/5B/8 of Cow Slaughter Act and Section 11 of U.P. Prevention of Cruelty to Animals Act, Police Station - Kotwali Saiyadraja, District - Chandauli, during the pendency of trial.

¶4Learned 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.

¶5Learned counsel has 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 26.05.2025, having no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial.

¶6Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. Versus Counsel for Applicant(s) : Sandeep Kumar Tiwari Counsel for Opposite Party(s) : G.A. Ashish Kumar .....Applicant(s) State of U.P. .....Opposite Party(s)

¶7Considering 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 the merits of the case, prima facie I find it a fit case to release the applicant on bail. The bail application is allowed.

¶8Let the applicant-Ashish 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.

¶9In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶10It 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 26, 2025 Siddhant BAIL No. 25649 of 2025 (Krishan Pahal,J.) High Court of Judicature at Allahabad