Neutral Citation No. - 2025:AHC:28171 Court No. - 84 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38402 of 2024 Applicant :- Amir @ Mohd Shadab And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Ajay Kumar Mishra, learned counsel for the applicants and Shri R.K. Srivastava, the learned A.G.A. for the State. 2. The instant application has been filed seeking release of the applicants on bail in Case Crime No. 136 of 2024, under Sections 3/5-A-5-B/8 of Prevention of Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animals Act and Section 429 IPC, Police Station Rohaniya, District Varanasi. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 15.02.2024 alleging that on the basis of information received from a Mukhbir, a container truck was intercepted which was being driven by the applicant No.1 and the applicant No.2 was sitting in it as his helper/cleaner. Both the accused persons stated that the third co-accused person, namely, Anwar was sitting in it and he had escaped. 29 dead bulls were recovered from the container. 4. In the affidavit filed in support of the bail application, it has been stated that the applicants are innocent, the applicant No.1 has a criminal history of one case and the applicant No.2 has no criminal history 5. The State has filed a counter affidavit opposing the bail application. A copy of the autopsy report of dead cow progeny has been annexed with the counter affidavit, as per which the animals had wounds and contusions on legs and joints, mucus was being discharged from their anus, lungs were congested, heart clotted and all of them have died due to Asphyxia and Syncope due to shock. 6. Learned counsel for the applicants has submitted that the applicants were acting as mere employees of the vehicle owner and they were transporting the cattle under his instructions. 7. This submission does not make out a valid ground of defense for grant of bail. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant No.1 was driving a truck and the applicant No.2 was sitting in it as a helper/cleaner and 29 bulls were loaded in such a cruel manner that has resulted in death of all of those due to Asphyxia and Syncope, this Court is of the considered view that the aforesaid facts do not warrant exercise of discretion by ordering release of the applicant on bail. 9. The bail application is accordingly rejected. 10. However, as the applicants are languishing in jail since 15.05.2024, an expeditious trial is his Fundamental Right. Therefore, the trial court is directed to proceed with the trial with all possible expedition, by fixing dates at short intervals and by not granting any unnecessary adjournment and to conclude the trial as soon as possible. . [Subhash Vidyarthi, J.] Order Date :- 28.2.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad