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2025 DAILYLAW 105941 (ALL)

VEERU DOHARE v. STATE OF U.P.

BAIL/44757/2024 · 2025-03-11

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:36729 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44757 of 2024 Applicant :- Veeru Dohare Opposite Party :- State of U.P. Counsel for Applicant :- Avval Singh,Rajesh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Rajesh Kumar Yadav, learned counsel for the applicant, Shri S.K. Ojha, learned AGA for the State-respondents and perused the record. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Veeru Dohare, seeking enlargement on bail in Case Crime No. 263 of 2024, under Sections 3/5A/8 of the Prevention of Cow Slaughter Act and Section 11 of the Prevention of Cruelty to Animal Act, Police Station Narahi, District Ballia. 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 28.09.2024. Learned counsel for the applicant submits that neither any meat or flesh of animal nor any weapon used in slaughtering of animal was recovered from the possession of the applicant. It is further submitted that there is no independent witness of the alleged recovered cow. Applicant has criminal history of 11 cases which has been explained in supplementary affidavit. 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 but could not controvert the arguments advanced by learned counsel for the applicant. 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, Veeru Dohare, 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: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. 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. Order Date :- 12.3.2025 Karan Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad