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Ashfak Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

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Allahabad HC
2025
Ashfak Vs State of U.P.Ashfak v. State of U.P.

Allowed¶11

Ashfak v. State of U.P.

Allahabad HC10 Apr 2025BAIL/12006/2025

Case brief

AI extract

What is this about?

Bail granted on parity — Ashfak vs. State of U.P., High Court of Judicature at Allahabad, CRIMINAL MISC. BAIL APPLICATION No. 12006 of 2025, decided 11.4.2025 by Siddharth, J. (Neutral Citation 2025:AHC:53979). Offence: Sections 3/5/8 of Cow Slaughter Act, Case Crime No. 348 of 2024, P.S. Bhuta, District Bareilly. Grounds: parity with co-accused Alam (bail allowed in Criminal Misc. Bail Application No. 45000 of 2024 on 19.3.2025); applicant in jail since 22.9.2024; criminal history of two cases explained in affidavit; reliance on Satendra Kumar Antil vs. C.B.I., S.L.P (Crl.) No. 5191 of 2021 (Apex Court judgment dated 11.07.2022); Article 21 of the Constitution of India; 5-6 times jail overcrowding by under trials; no opinion expressed on merits. Conditions imposed: no tampering with evidence, cooperation in trial, no criminal activity, no witness inducement, presence under Section 313 Cr.P.C.; breach a ground for cancellation of bail.

What did the court decide?

Applicant Ashfak to be released on bail in Case Crime No. 348 of 2024, under Sections 3/5/8 of the Cow Slaughter Act, P.S. Bhuta, District Bareilly, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions (non-tampering with prosecution evidence, sincere cooperation in trial without adjournments, no criminal activity, no inducement/threat/promise to witnesses, undertaking regarding attendance on evidence dates, and personal presence at opening of the case, framing of charge and recording of statement under Section 313 Cr.P.C.); sureties to be verified before issuance of the release order; breach of conditions to be a ground for cancellation of bail. ¶11

Why is it important?

Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of learned counsel for the parties, the larger mandate of Article 21 of the Constitution of India, the Apex Court judgment dated 11.07.2022 in Satendra Kumar Antil vs. C.B.I. (S.L.P (Crl.) No. 5191 of 2021), and 5-6 times overcrowding in jails over and above their capacity by under trials, and without expressing any opinion on the merits of the case, the applicant has made out a case for bail. ¶9

What the court decided

AI extract

Outcome

Applicant Ashfak to be released on bail in Case Crime No. 348 of 2024, under Sections 3/5/8 of the Cow Slaughter Act, P.S. Bhuta, District Bareilly, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions (non-tampering with prosecution evidence, sincere cooperation in trial without adjournments, no criminal activity, no inducement/threat/promise to witnesses, undertaking regarding attendance on evidence dates, and personal presence at opening of the case, framing of charge and recording of statement under Section 313 Cr.P.C.); sureties to be verified before issuance of the release order; breach of conditions to be a ground for cancellation of bail.

Issue for consideration

Whether applicant Ashfak, in custody since 22.9.2024 in Case Crime No. 348 of 2024 under Sections 3/5/8 of the Cow Slaughter Act, P.S. Bhuta, District Bareilly, is entitled to bail on parity with co-accused Alam, who has already been enlarged on bail.

Court's answer

Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of learned counsel for the parties, the larger mandate of Article 21 of the Constitution of India, the Apex Court judgment dated 11.07.2022 in Satendra Kumar Antil vs. C.B.I. (S.L.P (Crl.) No. 5191 of 2021), and 5-6 times overcrowding in jails over and above their capacity by under trials, and without expressing any opinion on the merits of the case, the applicant has made out a case for bail.

Detailed headnote1 paragraphs

Allahabad High Court (Siddharth, J.; Neutral Citation 2025:AHC:53979; order dated 11.4.2025) allowed Criminal Misc. Bail Application No. 12006 of 2025 filed by Ashfak, accused in Case Crime No. 348 of 2024 under Sections 3/5/8 of the Cow Slaughter Act, Police Station Bhuta, District Bareilly. The applicant, in jail since 22.9.2024 and having a criminal history of two cases explained in paragraph-11 of the bail affidavit, sought bail on parity with co-accused Alam, who had been enlarged on bail vide Criminal Misc. Bail Application No. 45000 of 2024 on 19.3.2025, his case standing on identical footing. Considering the nature of the offence, evidence, complicity of the accused, submissions of counsel, the larger mandate of Article 21 of the Constitution of India, the Apex Court judgment dated 11.07.2022 in Satendra Kumar Antil vs. C.B.I. (S.L.P (Crl.) No. 5191 of 2021), and 5-6 times overcrowding in jails over and above their capacity by under trials, and without expressing any opinion on the merits, the Court held that the applicant had made out a case for bail and allowed the application. Release was ordered on a personal bond with two sureties each in the like amount, subject to conditions including non-tampering with prosecution evidence, cooperation in trial without adjournments, no inducement or threat to witnesses, and personal presence at opening of the case, framing of charge and recording of statement under Section 313 Cr.P.C.; breach of any condition was declared a ground for cancellation of bail.

A

Neutral Citation No. - 2025:AHC:53979

Court No. - 47

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12006 of 2025

Applicant :- Ashfak Opposite Party :- State of U.P. Counsel for Applicant :- Aman Srivastava,Manoj Kumar Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Siddharth,J.

Heard learned counsel for the applicant and learned A.G.A for the State.

The submission is that co-accused, Alam, has already been enlarged on bail vide Criminal Misc. Bail Application No. 45000 of 2024 on 19.3.2025 and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail for the reasons given in bail application of co-accused on the ground of parity. The applicant is in jail since 22.9.2024. Applicant has criminal history of two cases, which has been explained in paragraph-11 of the affidavit filed in support of the bail application.

On the other hand learned A.G.A has opposed the prayer for bail.

Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India, considering the recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 and considering 5-6 times overcrowding in jails over and above their capacity by the under trials 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.

Let the applicant, Ashfak, involved in Case Crime No.

348 of 2024, under Sections 3/5/8 of Cow Slaughter Act, Police Station- Bhuta District- Bareilly, 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.

The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

The applicant shall cooperate in the trial sincerely without seeking any adjournment.

The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

That 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;

The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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 to ensure presence of the applicant.

The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 11.4.2025 Atul kr. sri.

Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether applicant Ashfak, in custody since 22.9.2024 in Case Crime No. 348 of 2024 under Sections 3/5/8 of the Cow Slaughter Act, P.S. Bhuta, District Bareilly, is entitled to bail on parity with co-accused Alam, who has already been enlarged on bail.¶7
The court held
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of learned counsel for the parties, the larger mandate of Article 21 of the Constitution of India, the Apex Court judgment dated 11.07.2022 in Satendra Kumar Antil vs. C.B.I. (S.L.P (Crl.) No. 5191 of 2021), and 5-6 times overcrowding in jails over and above their capacity by under trials, and without expressing any opinion on the merits of the case, the applicant has made out a case for bail.ratio¶9

Cases cited

Colour shows how this judgement treated each authority

AI extract

Satendra Kumar Antil vs. C.B.I.Relied on¶9
S.L.P (Crl.) No. 5191 of 2021

Statutes considered

3 provisions across 3 enactments

AI extract

Constitution of IndiaArticle 21¶9
Cow Slaughter Act3/5/8¶11
Cr.P.C.313¶17

Procedural history

How this case reached the court

AI extract

Prior proceeding
Co-accused Alam was enlarged on bail by order dated 19.3.2025 in Criminal Misc. Bail Application No. 45000 of 2024; applicant claims parity with him.¶7
Prior proceeding
Applicant is in jail since 22.9.2024.¶7
Prior proceeding
Applicant has a criminal history of two cases, explained in paragraph-11 of the affidavit filed in support of the bail application.¶7
Prior proceeding
Underlying prosecution: Case Crime No. 348 of 2024 (case crime number split across ¶10-¶11) under Sections 3/5/8 of the Cow Slaughter Act, Police Station Bhuta, District Bareilly.¶11

Parties & counsel

AI extract

applicant
Ashfak¶4
Aman Srivastava, Manoj Kumar Srivastava
respondent
State of U.P.¶4
G.A.

Coram

AI extract

Siddharth, J.author¶5

Case details

As recorded by the court registry

Court: Allahabad HC
Decided on: 10 Apr 2025 · April
Registered: 8 Apr 2025
Case no.: BAIL/12006/2025
CNR: UPHC011543212025
Case type: CRIMINAL MISC. BAIL APPLICATION

All orders in this case

2 orders share this CNR

10 Apr 2025Order 1 — this page
11 Apr 2025Order 2 · Siddharth

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Cite this judgement

Ashfak v. State of U.P., BAIL/12006/2025 (ALL), decided on 10 April 2025.

The Allahabad High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Cases cited1

Satendra Kumar Antil vs. C.B.I.Relied on¶9

Open Authorities

Statutes3

Constitution of IndiaArticle 21
Cow Slaughter Act3/5/8
Cr.P.C.313

View all statutes

Procedural history4

Co-accused Alam was enlarged on bail by order dated 19.3.2025 in Criminal Misc. Bail Application No. 45000 of 2024; applicant claims parity with him.
Applicant is in jail since 22.9.2024.

View full history

Bench / Coram

Siddharth, J.

Parties & counsel