Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:69477 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7219 of 2025 Applicant :- Shubham Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Ayush Mishra,Harish Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J.
1. Heard learned counsel for the applicant, Sri Ajay Singh, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Shubham Yadav, seeking enlargement on bail in Case Crime No. 278 of 2024, under Sections 318 (4), 336 (2) BNSS and Section 3/5A/8 of Cow Slaughter Act & Section 11 (D), Animal Cruelty Act, P.S.- Bilhaur, District- Kanpur Nagar, during pendency of the trial in the Court below. 3. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 07.01.2025. He has a criminal antecedent of one case, which has been explained in para 12 of the affidavit filed in support of the bail application 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 vehicle bearing No. UP54T3350, which is driven by a driver. However, court below relying upon the prosecution version that the applicant is owner and driver of the said vehicle and he has not present on the spot. He has not committed any offence as alleged in the FIR. There is no public witness of the alleged incident. It is next submitted that no offence is made out under aforesaid Sections. Hence, bail has been prayed for. 5. Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts. 6. 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. 7. Accordingly, the bail application is allowed. 8.
Let the accused-applicant, Shubham 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. 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 :- 30.4.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad