Allahabad High Court
HAZARI PRASAD SONKARversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant had made out a case for bail and granted it on the ground of parity.
Summary
The applicant, Hazari Prasad Sonkar, sought bail in a criminal case (Crime No. 193 of 2025) under Sections 3, 5A, and 8 of the Prevention of Cow Slaughter Act and Section 11 of the Prevention of Animal Cruelty Act. The court considered the applicant’s criminal history, which was explained, and noted that a co‑accused in a similar situation had already been released on bail. The learned counsel for the State opposed bail, while the applicant’s counsel argued that antecedents alone should not justify continued incarceration. The bench held that, absent any merit-based objection, the applicant had made out a case for bail and that parity with the co‑accused required relief. Consequently, the court ordered the applicant’s release on personal bond and two sureties, subject to standard conditions. The order emphasized that any breach would lead to cancellation of bail and did not prejudice the trial on merits.
Issues considered
- Whether bail can be granted to an accused under the Prevention of Cow Slaughter Act and Prevention of Animal Cruelty Act despite a criminal antecedent.
- Whether parity with a co‑accused who was previously released on bail mandates granting bail in the present case.
Legislation cited
- Prevention of Animal Cruelty Act — s. 11
- Prevention of Cow Slaughter Act — s. 3, 5A, 8
Subjects
- bail
- criminal procedure
- parity
- criminal antecedents
- Prevention of Cow Slaughter Act
- Prevention of Animal Cruelty Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 29781 of 2026
Hazari Prasad Sonkar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Yadvendra Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 171 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Supplementary affidavit filed today is taken on
record.
2. Heard Sri Yadvendra Yadav, learned counsel for the applicant, Sri R.M.
Yadav, learned A.G.A. for the State and perused the material placed on
record.
3. Applicant seeks bail in Case Crime No.193 of 2025, under Sections
3/5A/8 Prevention of Cow Slaughter Act and 11 Prevention of Animal
Cruelty Act, Police Station Rajgarh, District Mirzapur, during the pendency
of trial.
4. The criminal history assigned to the applicant has been explained.
5. This Court is of the view that if a case for bail is otherwise made out,
an accused cannot be kept incarcerated solely on account of his criminal
antecedents. In the instant case, the criminal history assigned to the
applicant has been properly explained.
6. Considering the facts and circumstances of the case, the submissions
made by learned counsel for the parties, the evidence on record, taking into
consideration that similarly placed co-accused person Sappu @ Shabbu @
Safu @ Saffu has already been enlarged on bail by this Court vide order
dated 2.4.2026 passed in Criminal Misc. Bail Application No.6156 of 2026 ,
and without expressing any opinion on the merits of the case, prima facie the
BAIL No. 29781 of 2026
2
Court is of the view that the applicant has made out a case for bail.
Accordingly, the bail application is allowed on the ground of parity.
7. Let the applicant- Hazari Prasad Sonkar, be released on bail on
furnishing a personal bond and two sureties to the satisfaction of the court
concerned, subject to verification of sureties, with the conditions that he
shall not tamper with evidence or intimidate witnesses and shall appear
before the trial court as required.
8. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
September 8, 2026
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
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