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2025 DAILYLAW 110468 (ALL)

THANEDAR SINGH v. STATE OF U.P.

BAIL/45201/2024 · 2025-01-22

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:10994 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45201 of 2024 Applicant :- Thanedar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Praveen Kumar Singh,Rupesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Shri Shashank Singh, learned brief holder for the State-opposite party and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Thanedar Singh, seeking enlargement on bail in Case Crime No. 299 of 2024, under Sections 3/5A/5B/8 of the Cow Slaughter Act and section 11 of Prevention of Animal Cruelty Act, Police Station Alinagar, District Chandauli. 3. 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 05.11.2024. He has no criminal antecedent. There is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 4. Learned counsel for the applicant submits that no offence as alleged in the FIR has been made out against the applicant. In this matter, it appears that when the police made a raid on 04.11.2024, accused applicant along with four other persons was arrested by the police and two cattle were recovered from the vehicle of the applicant. It is further submitted that no beef or dead cow progeny has been recovered from the possession of the accused applicant. There is no independent witnesses of the offence and the alleged recovery is totally false and fabricated. He is said to be in jail since 05.11.2024. Hence bail has been prayed for. 5. Learned counsel for the informant as well as learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedent. 6. Considering all those 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Thanedar Singh, 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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. 9. 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 :- 22.1.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad