RAMBADAN YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/3429/2025 · 2025-04-23
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 135939 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 135939 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:22933 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3429 of 2025 Applicant :- Rambadan Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Akhil Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J.
1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of the State and perused the record. 2. This first bail application has been filed with regard to Case Crime No.42 of 2025, under Sections 3/5-A/8 of U.P. Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animals Act and Section 109 of BNS,, P.S.-Dhammaur, District Sultanpur. 3. As per contents of F.I.R. which has been lodged against unidentified person,the incident is said to have taken place on 27.03.2025 when the police acting upon the information received intercepted a vehicle bearing no.UP 44 G 0417 in which live cattle was being transported. It has been stated that upon being intercepted, the driver of the vehicle accelerated with intention to injure or kill the police team. It is also stated that however, the persons inside the vehicle managed to escape. 4. It has been submitted by learned counsel for the applicant that the applicant has falsely been implicated in the charges levelled against him which may be evident from the fact that the FIR has been lodged against unidentified persons and the applicant has neither been apprehended from the spot nor any recovery has been made from him. It is further submitted that previous criminal history of the applicant has already been explained in the affidavit filed in support of the application. 5. Learned A.G.A. has opposed bail application but does not dispute the said fact. 6. Upon consideration of submissions advanced by learned counsel for parties, perusal of material available on record and prima facie subject to further evidence being led during trial, it appears that the FIR has been lodged against unidentified
person and previous criminal history of the applicant has already been explained. 7.
Looking to the nature of allegations levelled against the applicant and submission made in the bail application, without expressing any opinion on the merits of case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, particularly since no reasonable apprehension of tampering with the witnesses has been alleged, prima facie, this Court finds, the applicant is entitled to be released on bail in this case. 8. Accordingly bail application is allowed. 9. Let applicant, Rambadan Yadav involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court, absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. Order Date :- 23.4.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench