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

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

What the court decided

AI extract

Outcome

Release of accused-applicant Rahul on bail upon execution of a personal bond and two reliable sureties each in the like amount, subject to the stated conditions of conduct and trial-court attendance; the court below empowered to cancel bail on breach of any condition.

Issue for consideration

Whether accused-applicant Rahul is entitled to be enlarged on bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in respect of Case Crime No. 411 of 2025 (offences under Sections 5A/8 and 11Gha of the Prevention of Cruelty to Animals Act).

Court's answer

Considering the facts and circumstances, nature of the accusations, severity of punishment upon conviction, nature of supporting evidence, reasonable apprehension of tampering with witnesses and prima facie case, but expressly without commenting on the merits, the Court found that a case for bail was made out.

Ratio / Principle

The bail application is allowed.

Key takeaways

The accused-applicant is 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: no tampering with evidence, no indulgence in criminal activity, no pressurising/intimidating prosecution witnesses and cooperation in the trial, and regular appearance on every date fixed by the trial court unless excused through counsel; on breach of any condition the court below will be at liberty to cancel the bail.ratio¶15

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Ashutosh Srivastava, J.) allowed a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 moved by accused-applicant Rahul, booked in Case Crime No. 411 of 2025, Police Station Bidhuna, District Auraiya, under Sections 5A/8 and 11Gha of the Prevention of Cruelty to Animals Act. Counsel argued the applicant is innocent and falsely implicated, was not named in the FIR (his name surfaced during investigation), nothing was recovered from his possession, he had been in jail since 7.9.2025, has no criminal antecedent, and parity existed with co-accused Happy Singh Sengar, already enlarged on bail vide order dated 10.11.2025 in Criminal Misc. Bail Application No. 36379 of 2025. Holding: weighing the nature of accusations, severity of punishment on conviction, supporting evidence, apprehension of witness tampering and prima facie case, without commenting on the merits, a case for bail was made out and the application was allowed. Release ordered on a personal bond and two reliable sureties each in the like amount, conditioned on non-tampering with evidence, abstention from criminal activity, non-intimidation of prosecution witnesses with cooperation in trial, and regular trial-court attendance; the court below was left free to cancel bail on breach of any condition.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 37411 of 2025

Rahul

	Versus .....Applicant(s)
State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s)	: Ansar Ahmad, Sandhya Chaturvedi
Counsel for Opposite Party(s)	: G.A.

Court No. - 68

HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard Shri Ansar Ahmad, learned counsel for the applicant, Shri Arimardann Yadav, 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, Rahul, seeking enlargement on bail in Case Crime No. 411 of 2025 , under Sections 5A/8 of Prevention of Cruelty to Animals Act and Section 11Gha Prevention of Cruelty to Animals Act, Police Station Bidhuna, District Auraiya.

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 7.9.2025. Learned counsel for the applicant submits that the applicant is not named in the FIR and during investigation his name has come into light in the present case. Nothing has been recovered from his possession. It is further submitted that coaccused Happy Singh Sengar has been enlarged on bail by this Court vide order dated 10.11.2025 passed in Criminal Misc. Bail Application No. 36379 of 2025. He has no criminal antecedent and 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.

Learned AGA has vehemently opposed the prayer for bail.

BAIL No. 37411 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, Rahul, 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.

(Ashutosh Srivastava,J.)

November 13, 2025 Sumaira

Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad