Amit vs State of U.P. — Bail and Remand | Allahabad HC (2025)

Amit vs State of U.P. — Bail and Remand | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Bail granted: accused-applicant Amit to be released on execution of a personal bond and two reliable sureties each in the like amount, to the satisfaction of the court concerned, subject to conditions (i) no tampering with evidence, (ii) no criminal activity, (iii) no pressurising/intimidating prosecution witnesses and cooperation in trial, and (iv) regular appearance on each date fixed by the trial court unless personal appearance is exempted through counsel; on breach of any condition the court below may cancel the bail.

Issue for consideration

Whether the accused-applicant Amit should be enlarged on bail in FIR/Case Crime No. 244 of 2025 (Sections 3/5A/5B/8, Prevention of Cow Slaughter Act; Section 11, Prevention of Cruelty to Animals (PCA) Act, 1960), Police Station Syed Raza, District Chandauli.

Court's answer

Considering the nature of accusations, severity of punishment on conviction, nature of supporting evidence, apprehension of tampering with witnesses and prima facie case, a case for bail was made out, expressly without commenting on the merits of the case.

Ratio / Principle

The bail application is allowed.

Key takeaways

The accused-applicant is to be released on bail upon executing a personal bond and two reliable sureties each in the like amount, to the satisfaction of the court concerned, subject to the conditions set out in the order.ratio¶17
In the event of breach of any of the bail conditions (no tampering with evidence, no criminal activity, no pressurising/intimidating prosecution witnesses with cooperation in trial, and regular appearance on dates fixed by the trial court unless exempted), the court below is at liberty to proceed to cancel the bail.ratio¶22

Detailed headnote1 paragraphs

Allahabad High Court (Ashutosh Srivastava, J.), Criminal Misc. Bail Application No. 37106 of 2025, decided 25 November 2025: bail allowed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to accused-applicant Amit, in custody since 23.08.2025, in FIR/Case Crime No. 244 of 2025 (Sections 3/5A/5B/8, Prevention of Cow Slaughter Act; Section 11, Prevention of Cruelty to Animals (PCA) Act, 1960), Police Station Syed Raza, District Chandauli, trial pending. The grant rested on parity with co-accused Ashish Kumar (enlarged on bail on 19.11.2025 in Bail Application No. 37473 of 2025), absence of criminal antecedents, and no likelihood of flight or tampering, facts the opposing AGA could not dispute. Merits expressly left untouched ('without commenting on merit of case'). Release ordered on a personal bond plus two reliable sureties each in the like amount, conditioned on no tampering with evidence, no criminal activity, no pressure on prosecution witnesses with cooperation in trial, and regular attendance before the trial court; breach entitles the court below to cancel the bail.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 37106 of 2025

Amit

.....Applicant(s)

Versus

State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Ram Singh Yadav, Rohit Kumar Singh : G.A.

Court No. - 68

HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard Shri Ram Singh Yadav, learned counsel for the applicant, Shri Punit Kumar Singh, learned AGA for the State-respondents and perused the record.

This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Amit, seeking enlargement on bail in FIR/Case Crime No.244 of 2025, under Section 3/5A/5B/8 of Prevention of Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animals (PCA) Act, 1960, Police Station Syed Raza, District Chandauli, during the pendency of the trial before the Court below.

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 23.08.2025. Learned counsel for the applicant submits that similarly circumstanced co-accused Ashish Kumar has already been enlarged on bail by this Court on 19.11.2025 in Criminal Misc. Bail Application No. 37473 of 2025. He has no criminal antecedent and there is no likelihood of his fleeing away 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.

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

BAIL No. 37106 of 2025

2

out.

Accordingly, the bail application is allowed .

Let the accused-applicant, Amit , 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.

November 25, 2025 CS/-

(Ashutosh Srivastava,J.)

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