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

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

What the court decided

AI extract

Outcome

Bail granted to accused-applicant Akhilesh Kumar in Case Crime No. 80 of 2025; release on executing a personal bond and two reliable sureties each in the like amount, subject to conditions: (i) not tampering with evidence; (ii) not indulging in criminal activity; (iii) not pressurizing/intimidating prosecution witnesses and cooperating in trial; (iv) regular appearance on each date fixed by the trial court unless exemption granted. On breach of any condition, the court below is at liberty to proceed to cancel bail.

Issue for consideration

Whether the accused-applicant Akhilesh Kumar, owner of the truck, should be enlarged on bail during the pendency of trial in Case Crime No. 80 of 2025 (registered under sections 3/5A/8 U.P. Prevention of Cow Slaughter Act, 1955 and section 11 of the Prevention of Cruelty to Animals Act, P.S. Tahbarpur, District Azamgarh), inter alia on the ground of parity with co-accused already enlarged on bail.

Court's answer

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

Ratio / Principle

The bail application was allowed and the accused-applicant was ordered released on bail on executing a personal bond and two reliable sureties each in the like amount, subject to conditions (non-tampering with evidence; no criminal activity; no pressurizing/intimidating prosecution witnesses and cooperation in trial; regular appearance before the trial court), with liberty to the court below to cancel bail on breach of any condition.

Detailed headnote1 paragraphs

Bail — Section 483 Bharatiya Nagarik Suraksha Sanhita, 2023 — Case Crime No. 80 of 2025, sections 3/5A/8 U.P. Prevention of Cow Slaughter Act, 1955 read with section 11 of the Prevention of Cruelty to Animals Act, P.S. Tahbarpur, District Azamgarh — applicant Akhilesh Kumar, owner of the truck, in custody since 16.06.2025 — counsel pleaded innocence, parity with co-accused Rohit Yadav (driver) and Abid Ali (khalasi) already enlarged on bail vide orders dated 15.10.2025 and 19.09.2025 in Crl. Misc. Bail Applications Nos. 21647 of 2025 and 32340 of 2025, and absence of criminal antecedents — AGA opposed but could not dispute the aforesaid fact — Court allowed bail without commenting on the merit of the case; release on personal bond and two reliable sureties each subject to conditions, breach permitting cancellation by the court below.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 24838 of 2025

Akhilesh Kumar

.....Applicant(s)

Versus State of U.P. .....Opposite Party(s) Counsel for Applicant(s) : Prakash, Siddharth Srivastava Counsel for Opposite Party(s) : G.A.

Court No. - 68

HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard Sri Siddharth Srivastava, learned counsel for the applicant, Sri Puneet Kumar Singh, 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. 80 of 2025, under section 3/5A/8 U.P. Prevention of Cow Slaughter Act, 1955 and section 11 of The Prevention of Cruelty to Animals Act, Police Station- Tahbarpur , District- Azamgarh, during the pendency of trial.

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 16.06.2025. Learned counsel for the applicant submits that similarly circumstanced co-accused, Rohit Yadav and Abid Ali, have already been enlarged on bail by this Court as well as the Co-ordinate Bench of this Court vide orders dated 15.10.2025 and 19.09.2025 in Criminal Misc. Bail Applications No.21647 of 2025 and 32340 of 2025, who are the driver and khalasi of the vehicle in question and the role of applicant, being the owner of truck, is on much better footing to that of above co-accused, hence he is also liable to be enlarged on bail on the ground of parity. He submits that the applicant has no criminal antecedent to his credit. 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.

BAIL No. 24838 of 2025

2

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

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, Akhilesh Kumar , 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:

(i) The applicant will not tamper with the evidence.

(ii) The applicant will not indulge in any criminal activity.

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

(iv) 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.

(Ashutosh Srivastava,J.)

October 28, 2025

Saif

Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad