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2025 DAILYLAW 113052 (ALL)

PRAMOD KUMAR NAU v. STATE OF U.P.

BAIL/47248/2024 · 2025-02-18

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:24286 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47248 of 2024 Applicant :- Pramod Kumar Nau Opposite Party :- State of U.P. Counsel for Applicant :- Hiralal Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Hiralal, learned counsel for the applicant and Sri Yagyavalk Pandey, learned A.G.A. for the State as well as perused the record. The present bail application has been filed by accused-applicant Pramod Kumar Nau, seeking bail in Case Crime No. Case Crime No.187 of 2024, under Sections 3/5A/5B/8 of the Cow Slaughter (Prevention) Act and Section 11 of Cruelty of Animals (Protection) Act, P.S. Chakiya, District Chandauli. In the prosecution case it is alleged that twenty one cow progeny were being taken to West Bengal via Bihar which have been apprehended on the basis of the information given by the informer to the police. It is fuhrer alleged that two accused persons have been caught on the spot and four accused persons have ran away. Learned counsel for the applicant submits that applicant is not arrested from the spot. There is no recovery from the applicant. Applicant has been falsely implicated. The transportation of the cow is not an offence under the Cow Slaughter Act. In this case even there is no evidence of transportation of cows. The transportation of cows have been falsely shown to be transported whereas they were hurding in open jungle. He submits that the applicant is in jail since 22.10.2024. It is specifically mentioned in paragraph 12 that applicant has criminal history of one case. It is submitted that co-accused Bullu Chauhan @ Man Singh has been granted bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No.43042 of 2024, copy of bail order produced by learned counsel for applicant is taken on record. He further submitted that since the role of the applicant is identical to that of aforesaid co-accused. Hence applicant is also entitled to be enlarged on bail and 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, but could not dispute the aforesaid facts. 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. Accordingly, the bail application is allowed. Let the accused-applicant, Pramod Kumar Nau, 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 :- 19.2.2025 Md Faisal Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad