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2025 DAILYLAW 35657 (ALL)

RAKESH @ VIJAY LAL YADAV v. STATE OF U.P.

BAIL/11774/2025 · 2025-04-09

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:52686 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11774 of 2025 Applicant :- Rakesh @ Vijay Lal Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Narendra Deo Shukla,Vivek Shukla Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Shri Roshan Kumar Singh, 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 seeking enlargement on bail in Case Crime No. 0070 of 2025, under Sections 3/5A/5B/8 of the Cow Slaughter Act and section 11 of Prevention of Animal Cruelty Act, Police Station- Alinagar, 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 04.03.2025. Applicant's have no criminal history and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. No offence as alleged in the FIR has been made out gainst the applicant. In this matter, it appears that when the police made a raid on 04.03.2025, accused applicant was arrested by the police and two cow have been recovered from the vehicle, which was driven by the applicant. It is further submitted that no beef or dead cow progeny has been recovered from the possession of the accused applicant. There is no independent witnesses of the offence and the alleged recovery is totally false and fabricated. He is said to be in jail since 04.03.2025. Hence bail has been prayed for. 5. Learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal history. 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, Rakesh alias Vijay Lal 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 :- 10.4.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad