Gulzar Vs State of U.P. — Bail and Remand | Allahabad HC (2025)

Gulzar Vs State of U.P. — Bail and Remand | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Release of accused-applicant Gulzar on bail on execution of a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned, subject to four conduct conditions (non-tampering with evidence; no criminal activity; no pressurising/intimidation of prosecution witnesses with trial co-operation; regular attendance on fixed dates unless exempted), with liberty reserved to the court below to cancel bail on breach of any condition.

Issue for consideration

Whether the accused-applicant Gulzar, in custody since 23.05.2025 in Case Crime No. 353 of 2025 (Sections 5(A)/8 Cow Slaughter Act; Section 3/11 Animal Cruelty Act), P.S. Sikandrabad, District Bulandshahar, should be enlarged on bail, having regard to the claimed false implication, parity with bailed co-accused Iqbal, his antecedents and the risk of flight or tampering.

Court's answer

Considering all the above facts and circumstances — the nature of accusations, severity of punishment on conviction, nature of supporting evidence, reasonable apprehension of witness-tampering and the prima facie case — the Court found a case for bail made out while expressly refraining from commenting on the merits of the case.

Ratio / Principle

The bail application was allowed: accused-applicant Gulzar to be released on bail on executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to conditions — (1) no tampering with evidence; (2) no indulgence in criminal activity; (3) no pressurising/intimidating prosecution witnesses and co-operation in the trial; (4) regular appearance on every date fixed by the trial court unless appearance is exempted through counsel — failing which the court below may proceed to cancel the bail.

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 68; Ashutosh Srivastava, J.), order dated October 15, 2025 in Criminal Misc. Bail Application No. 21608 of 2025: bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 allowed for accused-applicant Gulzar, in custody since 23.05.2025 in Case Crime No. 353 of 2025 under Sections 5(A)/8 of the Cow Slaughter Act and Section 3/11 of the Animal Cruelty Act, Police Station Sikandrabad, District Bulandshahar. Grant rested on the nature of accusations, severity of punishment, supporting evidence, tampering apprehension and prima facie case, expressly without commenting on merits; defence had urged parity with co-accused Iqbal, bailed vide order dated 09.10.2025 in Cr.M.B.A. No. 34748 of 2025, innocence, explanation of antecedents in a supplementary affidavit, and absence of flight/tampering risk, which the A.G.A. did not dispute. Release directed on a personal bond and two reliable sureties each in like amount, subject to four conditions (no evidence-tampering; no criminal activity; no pressurising/intimidation of prosecution witnesses with trial co-operation; regular appearance unless exempted); on breach, the court below may cancel bail.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 21608 of 2025

Gulzar

.....Applicant(s)

Versus
State of U.P. .....Opposite Party(s)
Counsel for Applicant(s) : Sushil Kumar Pandey
Counsel for Opposite Party(s) : G.A.

Court No. - 68

HON'BLE ASHUTOSH SRIVASTAVA, J.

Supplementary affidavit filed today by learned counsel for the applicant is taken on record.

Heard learned counsel for the applicant, Sri Yagvalkya Pandey, learned AGA for the State-Respondent and perused the record.

This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of the accused-applicant seeking enlargement on bail in Case Crime No. 353 of 2025, under Sections 5(A)/8 of the Cow Slaughter Act and Section 3/11 of Animal Cruelty Act, Police Station Sikandrabad, District Bulandshahar.

Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 23.05.2025. Learned counsel for the applicant submits that similarly circumstanced co-accused Iqbal has already been enlarged on bail by this Court vide order dated 09.10.2025 in Criminal Misc. Bail Application No. 34748 of 2025. He submits that the applicant has no criminal antecedent of five cases to his credit which has been explained in the supplementary affidavit. He further submits that there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.

Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but could not dispute the aforesaid fact.

BAIL No. 21608 of 2025

2

Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.

Accordingly, the bail application is allowed .

Let the accused-applicant, Gulzar, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

The applicant will not tamper with the evidence.

The applicant will not indulge in any criminal activity.

The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

October 15, 2025

pks

(Ashutosh Srivastava,J.)

Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad