RAMESH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.
BAIL/6313/2025 · 2025-07-10
Karunesh Singh Pawar
body2025
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[ 2025 DAILYLAW 150139 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150139 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:39208 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6313 of 2025 Applicant :- Ramesh Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Arti Shukla Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Supplementary Affidavit filed by the applicant is taken on record. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in FIR/Case Crime No. 0042 of 2025, under Sections 3, 5A, and 8 of the U.P. Prevention of Cow Slaughter Act, Section 11 of the Prevention of Cruelty to Animals Act, and Section 109 of the Bharatiya Nyaya Sanhita (B.N.S.), Police Station Dhammaur, District Sultanpur. In the prosecution case, it is alleged that on 27.03.2025, upon receiving information, the police intercepted Vehicle No. UP 44 AT 1563, in which live cattles were allegedly being transported. It is further alleged that the driver of the vehicle accelerated in an attempt to flee, and all the accused persons ran away from the spot.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He was not arrested from the spot, nor has any recovery been made from him. It is further submitted that co-accused Rambadan Yadav, who is alleged to have played a similar role, has already been granted bail by a coordinate Bench of this Court vide order dated 23.04.2025 passed in Bail Application No. 3429 of 2025. The applicant has explained the criminal history of five cases in paragraph 2 of the supplementary affidavit. The applicant is in jail since 12.06.2025. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the facts that the applicant is in jail since 12.06.2025; the co-accused, named above, has already been granted bail by this Court; the applicant has duly explained his criminal history; and without expressing any opinion on the merits of the case, I am of the view that it is a fit case for granting bail to the applicant on the ground of parity. Accordingly, the bail application is allowed on the ground of parity. Let the applicant Ramesh Kumar be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions: (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) 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.
(v) 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 IPC (now Section 269 BNS). (vi) 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. (now Section 84 BNSS)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 IPC (now Section 209 BNS).
Order Date :- 10.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench