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Akash Kumar v. State of U.P.

Allahabad HC17 Sept 2025BAIL/32044/2025

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application No. 32044 of 2025; Akash Kumar versus State of U.P.; bail allowed; Case Crime No. 0137 of 2025; P.S. Sakaldeeha; District Chandauli; Sections 3/5A/8/5B Prevention of Cow Slaughter Act; Section 11 Prevention of Cruelty to Animals Act 1960; U.P. Prevention of Cow Slaughter Act 1955; no animal slaughtered; false implication; in custody since 31.07.2025; no criminal history; personal bond and two sureties; bail conditions; cancellation of bail; Krishan Pahal J.; September 18, 2025; Court No. 67; High Court of Judicature at Allahabad.

What did the court decide?

Release of applicant Akash Kumar on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the stated conditions and verification of sureties before issuance of the release order.

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether applicant Akash Kumar, involved in Case Crime No. 0137 of 2025 (P.S. Sakaldeeha, District Chandauli) under Sections 3/5A/8/5B of the Prevention of Cow Slaughter Act and Section 11 of the Prevention of Cruelty to Animals Act, 1960, is entitled to bail during the pendency of trial.

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Court's answer

Without expressing any opinion on the merits of the case, the Court held prima facie that the applicant has made out a case for bail and allowed the bail application.

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Ratio / Principle

The applicant is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions (not to tamper with evidence; not to pressurise/intimidate prosecution witnesses; to appear before the trial court on dates fixed), breach of any condition being a ground for cancellation of bail; sureties to be verified before the release order is issued.

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Key takeaways

Observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.obiter¶21

Detailed headnote1 paragraphs

Allahabad High Court (Krishan Pahal, J.) allowed the bail application of Akash Kumar in Case Crime No. 0137 of 2025, Police Station Sakaldeeha, District Chandauli, registered under Sections 3/5A/8/5B of the Prevention of Cow Slaughter Act and Section 11 of the Prevention of Cruelty to Animals Act, 1960. Learned counsel contended the applicant was falsely implicated, that no animal was slaughtered so no offence under the Uttar Pradesh Prevention of Cow Slaughter Act, 1955 was made out, any offence falling only within the ambit of the Prevention of Cruelty to Animals Act, 1960, and noted custody since 31.07.2025 with no criminal history; the learned State Law Officer could not dispute these submissions. Without expressing any opinion on the merits, the Court found prima facie that a case for bail was made out and ordered release on a personal bond with two sureties each in the like amount, subject to conditions of not tampering with evidence, not pressurising or intimidating prosecution witnesses, and appearing before the trial court on fixed dates, breach being a ground for cancellation; sureties to be verified before the release order. The Court clarified that its observations in granting bail shall not affect the trial Judge's independent opinion based on witness testimony.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. BAIL APPLICATION No. - 32044 of 2025

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Akash Kumar

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

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Court No. - 67

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HON'BLE KRISHAN PAHAL, J.

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List has been revised.

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Heard Sri Ratnesh Kumar Jaiswal, learned counsel for the applicant, Sri Amit Kumar, learned State Law Officer for the State and perused the record.

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Applicant seeks bail in Case Crime No.0137 of 2025, under Sections 3/5A/8/5B of Prevention of Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animals Act, 1960, Police Station Sakaldeeha, District Chandauli, during the pendency of trial.

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Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. He has nothing to do with the said offence. Since no animal was slaughtered in the present case, no offence is made out under the Uttar Pradesh Prevention of Cow Slaughter Act, 1955. If at all any offence is disclosed, the same would fall only within the ambit of the Prevention of Cruelty to Animals Act, 1960. There is no criminal history of the applicant. The applicant is languishing in jail since 31.07.2025 and is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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The bail application has been opposed but the submissions raised by the learned counsel for the applicant could not be disputed by learned State Law Officer.

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Considering the facts and circumstances of the case, submissions made by

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BAIL No. 32044 of 2025

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learned counsel for the parties, the evidence on record, and without expressing any opinion on the merits of the case, prima facie, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed .

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Let the applicant- Akash Kumar , who is involved in aforementioned case crime 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.

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(i) The applicant shall not tamper with evidence during trial.

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(ii) The applicant shall not pressurise/intimidate with the prosecution witnesses.

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(iii) The applicant shall appear before the trial court on the date fixed.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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(Krishan Pahal,J.)

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September 18, 2025

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(Ravi Kant)

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Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad

Akash Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Akash Kumar v. State of U.P.

Case brief

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