Sebu Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. — Allahabad HC (2025) — LawSathi Research

Sebu Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant Sebu to be released on bail in Case Crime No. 386 of 2025 (P.S. Gosaiganj, District Sultanpur) upon furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court, subject to the five bail conditions imposed by the Court.

Issue for consideration

Whether the applicant Sebu, booked in Case Crime No. 386 of 2025 under Sections 3/5-A/8 of the Cow Slaughter Act and Section 11 (1) dha of the Prevention of Cruelty of Animals Act U.P. (Police Station Gosaiganj, District Sultanpur), should be enlarged on bail.

Court's answer

Taking into account the submissions advanced, the record, the fact that the applicant is in jail since 11.08.2025, that the charge-sheet has been filed, that the offence is triable by Magistrate, and that there is no recovery of any dead animal or cow meat from the possession of the applicant or the Mahindra PIC UP Vehicle, and without expressing any opinion on the merits of the case, this Court found it a fit case for enlarging the applicant on bail.

Ratio / Principle

This Court allowed the bail application and directed that the applicant Sebu be released on bail on furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned, subject to the conditions imposed by the Court (non-tampering with evidence, non-intimidation of prosecution witnesses, no inducement/threat/promise, an undertaking not to seek adjournments when witnesses are present, and presence on each date fixed, with specified consequences under Section 229-A/174-A of the Indian Panel Code (now Sections 269/209 BNS) and Section 82 Cr.P.C. (now Section 84 BNSS) in case of misuse or default).

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 12 — Criminal Misc. Bail Application No. 8778 of 2025 — decided September 23, 2025 by Hon'ble Karunesh Singh Pawar, J. Applicant Sebu sought bail in Case Crime No. 386 of 2025, Police Station Gosaiganj, District Sultanpur, under Sections 3/5-A/8 of the Cow Slaughter Act and Section 11 (1) dha of the Prevention of Cruelty of Animals Act U.P. The prosecution version recorded in the judgment alleges interception of a Mahindra PIC UP Vehicle on secret information, seizure of the applicant, and alleged recovery of Rs.120/-, two mobile phones, two cows and two calves from his possession. Counsel for the applicant urged absence of criminal antecedents, that the offence is triable by a Magistrate, that no cow meat/beef or incriminating material was recovered, and that transportation of live cows is not an offence under Section 5-A of the Cow Slaughter Act; the learned A.G.A. opposed bail submitting that the charge-sheet had been filed. Weighing that the applicant had been in jail since 11.08.2025, the charge-sheet stood filed, the offence is triable by a Magistrate, and there was no recovery of any dead animal or cow meat from the applicant's possession or the vehicle, and without expressing any opinion on the merits, the Court found it a fit case for bail. The bail application was allowed and the applicant was ordered released on a personal bond and two reliable sureties each in the like amount, subject to conditions barring tampering, intimidation or inducement of witnesses, requiring an undertaking against seeking adjournments and presence on every trial date, with recourse to Section 82 Cr.P.C. (now Section 84 BNSS) proclamations and Sections 229-A/174-A of the Indian Panel Code (now Sections 269/209 BNS) upon misuse or default.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. BAIL APPLICATION No. - 8778 of 2025

Sebu

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Deptt. Lko.

	.....Opposite Party(s)
Counsel for Applicant(s)	: Zahid Parvez, Faizal Hashmi
Counsel for Opposite Party(s)	: G.A.

Court No. - 12

HON'BLE KARUNESH SINGH PAWAR, J.

Heard learned counsel for the applicant, learned A.G.A. for the State-respondent and perused the record.

In the prosecution case, it is alleged that on secret information of Mukhbir, a Mahindra PIC UP Vehicle was intercepted, the co-accused ran away but one coaccused Sebu was caught. Rs.120/- alongwith two mobile phones and two cows and two calves are alleged to have been recovered from the possession of the applicant.

Learned counsel for the applicant submits that the applicant has no criminal antecedents, the offence is triable by Magistrate. No cow meat or beef or any incriminating material has been recovered from the possession of the applicant. Transportation of live cows is not an offence under Section 5- A of the Cow Slaughter Act.

Learned A.G.A. has opposed the bail prayer and submits

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that charge-sheet has been filed in this case.

On due consideration to the submission advanced, perusal of the record as also the fact that the applicant is in jail since 11.08.2025, charge-sheet has been filed, the offence is triable by Magistrate, there is no recovery of any dead animal or cow meat from the possession of the applicant or Mahindra PIC UP Vehicle and without expressing any opinion on merits of the case I find it to be a fit case for enlarging the applicant on bail.

Accordingly, the bail application is allowed .

Let the applicant- Sebu involved in Case Crime No.386 of 2025, under Sections 3/5-A/8 of Cow Slaughter Act and 11 (1) dha of Prevention of Cruelty of Animals Act U.P. , Police Station Gosaiganj, District- Sultanpur be released on bail on his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions which are being imposed in the interest of justice:-

(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

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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 under Section 229-A of the Indian Panel Code (now Section 269 of BNS).

(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) 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 174-A of the Indian Panel Code (now Section 209 BNS).

(Karunesh Singh Pawar,J.)

September 23, 2025 dk/

Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench