Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:70610 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4382 of 2025 Applicant :- Rahul Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J.
1. Heard Sri Santosh Singh Yadav, learned counsel for the applicant, Shri P.K. Yadav, learned AGA 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, Rahul Yadav seeking enlargement on bail in Case Crime No. 181 of 2024, under Section 325 BNS and Sections 3/5A/5B/8 of the Cow Slaughter Act as well as section 11 of Prevention of Animal Cruelty Act, Police Station-Saiyadraja, 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 18.01.2025. Applicant has no criminal history except the present case and 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 the applicant is owner of the alleged vehicle and on 15.08.2024 the applicant given the aforesaid vehicle to one Lal Babu Kharwar as rent. Nothing has been recovered from the possession of the applicant. Neither the applicant was doing any slaughtering work nor recovered any cow progeny animals from the possession of the applicant or his vehicle. No charge sheet has been filed against the applicant as yet and the investigation is going on. The co-accused namely Akhilesh @ Akhlesh, Ankit @ Om Shakti Yadav and Lal Babu Kharwar have already been released on bail vide orders dated 12.11.;2024, 27.11.2024 and 23.01. 2025, passed by this Court in Crl. Misc. Bail Application Nos. 41543 of 2024, 42688 of 2024 and 42837 of 2024 respectively. Hence bail has been prayed for. 5. Learned AGA has vehemently opposed, but could not dispute the fact that applicant has criminal history of only one case. 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, Rahul Yadav, 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 :- 1.5.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad