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[Cites 3, Cited by 0]

Allahabad High Court

Sannaur @ Phodi vs State Of U.P. on 18 September, 2025

Author: Krishan Pahal

Bench: Krishan Pahal





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


Neutral Citation No. - 2025:AHC:166945
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD 
 
CRIMINAL MISC. BAIL APPLICATION No. - 30185 of 2025   
 
   Sannaur @ Phodi    
 
  .....Applicant(s)   
 
 Versus  
 
   State of U.P.    
 
  .....Opposite Party(s)       
 
   
 
  
 
Counsel for Applicant(s)   
 
:   
 
Ram Raj Pandey, Shubham Pandey   
 
  
 
Counsel for Opposite Party(s)   
 
:   
 
G.A.   
 
     
 
 Court No. - 67
 
   
 
 HON'BLE KRISHAN PAHAL, J.      

1. List has been revised.

2. Supplementary affidavit filed today is taken on record.

3. Heard Sri Ram Raj Pandey, learned counsel for the applicant, Sri Rajendra Prasad Singh, learned A.G.A. for the State and perused the record.

4. Applicant seeks bail in Case Crime No.59 of 2025, under Section 305 B.N.S. and Sections 3/5/8 of Prevention of Cow Slaughter, Police Station Ramala, District Baghpat, during the pendency of trial.

5. Learned counsel for the applicant has stated that the applicant is not named in the FIR and 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. The criminal history assigned to the applicant stands explained. The applicant is languishing in jail since 11.05.2025 and is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. The bail application has been opposed but the submissions raised by the learned counsel for the applicant could not be disputed.

7. The Supreme Court in Prabhakar Tewari vs. State of U.P. And Another, (2020) 11 SCC 648 has observed that pendency of several criminal cases against an accused itself cannot be a basis for refusal of bail, if otherwise his case for bail is made out.

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

9. Let the applicant- Sannaur @ Phodi, 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. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed.

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

11. 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.

(Krishan Pahal,J.) September 18, 2025 (Ravi Kant)