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2025 DAILYLAW 24849 (ALL)

RAHUL KUMAR v. STATE OF U.P.

BAIL/7793/2025 · 2025-05-16

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:82699 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7793 of 2025 Applicant :- Rahul Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Priyanshi Gupta Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Ms. Priyanshi Gupta, learned counsel for the applicant, Sri Ajay Kumar, learned AGA for the State-Respondent and perused the record. 2. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, seeking enlargement on bail in Case Crime No. 172 of 2024, under Sections 5A, 5B, 8 of U.P. Prevention of Cow Slaughter Act and Section 11 of Animal Cruelty Act, Police Station Balua, District Chandauli. 3. Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. He further submits that the applicant was not present at the spot at the time of alleged incident and his name came into light only on the basis of that his vehicle was involved in the alleged crime. The allegation of transporting of eleven animals for slaughtering is false. The applicant is not involved in the business of purchase and sale of the animals. The Police has shown false recovery of the alleged animals from the possession of the applicant. There is no independent or public witness of the alleged incident. He further submits that the applicant is languishing in jail since 02.02.2025 and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. The applicant has no criminal history. Hence, bail has been prayed for. 4. Learned AGA has vehemently opposed, but could not dispute the fact that nothing incriminating has been recovered from the possession of the applicant. 5. 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. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Rahul Kumar, 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. 8. 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 :- 17.5.2025 SK Srivastava Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad