Sohail Khan v. State of U.P. Thru. Prin. Secy. Deptt. Home Lko

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12695 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No.99 of 2025 under Section 3/5/8 of Uttar Pradesh Prevention of Cow Slaughter Act, 1955 and Section 11(1) (d) Prevention of Cruelty to Animals Act, Police Station Maharajganj, District Raebareli. In the prosecution case it is alleged that on 26.04.2025 at around 3.00 a.m. a vehicle number UP 12 CT 4629 while it was carrying the cattle/cow progeny overturned. It is alleged that the applicant along with the co-accused was traveling in the said vehicle along with live cattle out of which seven were declared died. Learned counsel for the applicant submits that the name of the applicant surfaced only in the statement of co-accused Sarfuddeen, who has already been granted bail vide order dated 29.05.2025 passed in Criminal Misc. Bail Application No. 4816 of 2025, a copy of which has been annexed as Annexure-3 to the bail application. It is further submitted that the case of the present applicant stands on a better footing than that of the co-accused, and he seeks parity with the said bail order. The applicant was not apprehended from the spot, and no recovery has been made from him. The applicant is in jail since 02.12.2025 without having any criminal antecedents. Versus Counsel for Applicant(s) : Firoz Ahmad Khan Counsel for Opposite Party(s) : G.A. Sohail Khan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. .....Opposite Party(s) Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the facts that the applicant is in jail since

02.12.2025; the co-accused has been granted bail by a coordinate Bench of this Court; and no recovery has been made from him, and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail on the ground of parity. Accordingly, the bail application is allowed on the ground of parity. Let the applicant Sohail Khan, be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions:

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial Court. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. December 16, 2025 R.C. BAIL No. 12695 of 2025 (Karunesh Singh Pawar,J.) High Court of Judicature at Allahabad, Lucknow Bench