Irshad v. State Of U.P. Thru. Prin. Secy. Home Lko
Case at a glance
- Decided
- 24 Jul 2025
- Bench
- KARUNESH SINGH PAWAR
- Neutral citation
- 2025:AHC-LKO:42638
Outcome
Bail granted
Accordingly, the bail application is allowed
Provisions considered
Judgment
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with a prayer to release the applicant on bail during the trial in Case Crime No. 214 of 2025 under Section 3/5/8 of The Uttar Pradesh Prevention of Cow Slaughter Act, 1955, P.S. Kotwali Nagar, District- Raebareli. It is contended by learned counsel for the applicant that the applicant is innocent and he has been planted by the police in the present case. He submits that the applicant was not arrested on spot and only on the basis of suspicion, he has been implicated in the present matter and there is no independent eye witness of the recovered articles. It is next submitted that the co-accused Salman has already been granted bail by a coordinate bench of this Court vide order dated 26.6.2025 passed in Criminal Misc. Bail Application No.
5708 of 2025. Therefore, the present applicant claims parity. It is further submitted that the applicant has duly explained the criminal history in para No.2 of the supplementary affidavit and he is languishing in jail since 16.05.2025 and in case, the applicant is granted bail, he undertakes that he will not misuse the liberty and would co-operate in the trial proceedings. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submitted that after thorough investigation, it was found that the applicant was involved in committing offence and as such, he is not entitled for any relief. Having heard the learned counsel for the parties and after perusal of record, it transpires that the applicant was not arrested on spot and there is no cogent piece of evidence to connect him in the instant matter; the applicant has duly explained the criminal history; the applicant is a law abiding citizen; the co-accused Salman has already been granted bail; the applicant is languishing in jail since 16.05.2025 and he undertakes that he will not misuse the liberty of bail and would co-operate in the trial proceedings.
Operative part
Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a case of bail on the ground of parity. Accordingly, the bail application is allowed. Let the applicant- Irshad involved in the aforementioned case crime number 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, with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of B.N.S. Order Date :- 24.7.2025 Shravan
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the bail application is allowed
Which statutory provisions did this judgment involve?
Uttar Pradesh Prevention of Cow Slaughter Act, 1955 — ss. 3, 5, 8; Constitution of India — art. 21; Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 84; Bharatiya Nyaya Sanhita, 2023 — s. 209.
Which court decided this case, and when?
Allahabad High Court, on 24 Jul 2025. The bench was KARUNESH SINGH PAWAR.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.