Shah Alam Alias Dhoni Vs State of U.P. Thru. Its Prin. Secy. Deptt. Home Lko.

Neutral Citation No. - 2025:AHC-LKO:37289

Court No. - 14

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5813 of 2025

Applicant :- Shah Alam Alias Dhoni Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Deptt. Home Lko. Counsel for Applicant :- Firoz Ahmad Khan Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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

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Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.

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The accused-applicant seeks bail in Case Crime No.99 of 2025 under Section 3/5/8 of Uttar Pradesh Prevention of Cow Slaughter Act, 1955 and Section 11(1) (d) Prevention of Cruelty to Animals Act, Police Station Maharajganj, District Raebareli.

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In the prosecution case it is alleged that on 26.04.2025 at around 3.00 a.m. a vehicle number UP 12 CT 4629 while it was carrying the cattle/cow progeny overturned. It is alleged that the applicant along with the co-accused was traveling in the said vehicle along with live cattle out of which seven were declared died.

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Learned counsel for the applicant submits that the name of the applicant surfaced only in the statement of co-accused Sarfuddeen, who has already been granted bail vide order dated 29.05.2025 passed in Criminal Misc. Bail Application No. 4816 of 2025, a copy of which has been annexed as Annexure-2 to the bail application. It is further submitted that the case of the present applicant stands on a better footing than that of the co-accused, and he seeks parity with the said bail order. The applicant was not apprehended from the spot, and no recovery has been made from him. The criminal history of 13 cases has been explained in paragraph 4 of the supplementary affidavit as well as in paragraph 19 of the bail application. The applicant is in jail since 09.05.2025.

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Learned A.G.A. has opposed the bail prayer of the applicant but could not

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dispute the facts mentioned above.

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I have considered the arguments advanced by learned counsel for the parties as well as perused the record.

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On due consideration of the facts that the applicant is in jail since 09.05.2025; the co-accused has been granted bail by a coordinate Bench of this Court; the applicant has explained his criminal history; and no recovery has been made from him, and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail on the ground of parity.

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Accordingly, the bail application is allowed on the ground of parity.

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Let the applicant Shah Alam @ Dhoni be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions:

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

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the

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applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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Order Date :- 2.7.2025 Madhu D.R/P.S

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Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench

Shah Alam Alias Dhoni v. State of U.P. Thru. Its Prin. Secy. Deptt. Home Lko.

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Shah Alam Alias Dhoni v. State of U.P. Thru. Its Prin. Secy. Deptt. Home Lko.

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