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2025 DAILYLAW 21010 (ALL)

ARVIND SINGH v. STATE OF U.P.

BAIL/5787/2025 · 2025-04-29

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:67191 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5787 of 2025 Applicant :- Arvind Singh Opposite Party :- State of U.P. Counsel for Applicant :- Dileep Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Dileep Kumar Singh, learned counsel for the applicant and Shri Arimardan Yadav, learned AGA for the State-Respondent and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No. 111 of 2024, under Sections 3/5A/5B/8 of the U.P. Cow Slaughter (Prevention) Act and Section 11 of Cruelty of Animals (Prevention) Act, Police Station Iliya, District Chandauli. Learned counsel for the applicant argued that the accused- applicant is innocent and has been falsely implicated in this case crime number. He is languishing in jail since 28.12.2024. Learned counsel for the applicant submits that the FIR has been lodged with some delay of which no satisfactory explanation has been given. Learned counsel for the applicant further submits that the applicant is owner of the vehicle. Neither the applicant was named in the First Information Report nor he was arrested from the spot. He further submits that there is no recovery of cow progeny or cow meat or any other incriminating article from the possession of the present applicant. He submits that the applicant is not involved in the business of cow slaughtering and he has no concern with the aforesaid crime. The applicant 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. co-accused namely Suryadev Kumar, has been granted bail by this court in Criminal Misc. Bail Application No. 312 of 2025, vide order dated 01.04.2025.Hence, the bail has been prayed for. Learned AGA has vehemently opposed the prayer of bail but could not dispute the aforesaid submissions raised by learned counsel for the applicant. 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. Accordingly, the bail application is allowed. Let the accused-applicant, Arvind Singh, 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 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad