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2025 DAILYLAW 15239 (ALL)

RAMESH KUMAR v. STATE OF U.P.

BAIL/4153/2025 · 2025-07-21

Avnish Saxena

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:119591 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4153 of 2025 Applicant :- Ramesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Shadab Alam Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1. Sri Shadab Alam, learned counsel for the applicant filed third supplementary affidavit today is taken on record. 2. The present bail application has been moved by the applicant- accused Ramesh Kumar for the offence punishable under Sections 3/5-A/8 of Prevention of Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animals Act in Case Crime No.549 of 2024, Police Station Rasara, District Ballia. 3. Sri Shadab Alam, learned advocate appeared on behalf of applicant and submitted that the applicant has been falsely implicated in the present case by the police as the truck owned by him has been confiscated carrying nineteen cattle. All the cattle were live. The recovery has been made in absence of independent witness. The charge sheet has already been submitted. Criminal history of six cases have been explained in which the accused- applicant is on bail. The accused is languishing in jail since January, 2025. As such, he prays that the accused/applicant be enlarged on bail. 4. Per contra, learned A.G.A. has opposed the bail application and submits that the accused-applicant is habitual offender. Charge sheet has been submitted. Nineteen cattle have been recovered from his vehicle. 5. This court has taken into consideration the rival submissions made by learned counsel for the parties and perused the records. 6. The perusal of the record prima-facie reveals that a truck carrying nineteen cattle have been recovered in absence of independent witness. Charge sheet has been submitted. The accused applicant is on bail in the cases shown as criminal history. He is in jail since January, 2025. 7. Hence, without touching merit of the case, the bail application is allowed. 8. Let the applicant be released on bail in the aforesaid case crime on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned. Order Date :- 22.7.2025 I.A.Siddiqui (Avnish Saxena, J.) Digitally signed by :- IMRAN AHMAD SIDDIQUI High Court of Judicature at Allahabad