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2025 DAILYLAW 19078 (ALL)

SHANI YADAV v. STATE OF U.P.

BAIL/5885/2025 · 2025-04-29

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:67737 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5885 of 2025 Applicant :- Shani Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Singh Baish Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Rajesh Singh Baish, learned counsel for the applicant, Shri Anil Kumar Singh, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Shani Yadav, seeking enlargement on bail in Case Crime No. 306 of 2024, under Sections 221, 109 (1), 324 (3) of the Bharatiya Nyaya Sanhita, 2023, Section 3/5A/8 of Cow Slaughter Act and Section 11 Prevention of Animal Cruelty Act, Police Station Lalganj, District Mirzapur. 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 5.1.2025. Learned counsel for the applicant submits that applicant was not arrested from the spot nor he was named in the FIR. His name has surfaced on record on the basis of statement of son of the owner of the vehicle. Learned counsel for the applicant submits that FIR was lodged on 28.12.2024 and applicant was arrested by the Police on 3.1.2025 and shown to be in jail since 5.1.2025. Applicant was neither driver nor cleaner of the aforesaid truck detained at the spot. Owning to old rivalry, applicant has been falsely implicated by the son of the owner of the truck. He has no criminal antecedent 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 the prayer for bail. Considering all above 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, Shani 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: 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 :- 30.4.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad