Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:74786 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13208 of 2025 Applicant :- Santosh Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Shailendra Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J.
1. Heard Sri Shailendra Kumar Yadav, learned counsel for the applicant, Shri Anil Kumar Singh, learned AGA for the State- respondents 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, Santosh Yadav, seeking enlargement on bail in Case Crime No. 40 of 2025, under Section 3/5A/8 of Cow Slaughter Act and 11 Prevention of Cruelty to Animal Act, Police Station Adalhat, District Mirzapur.
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 21.03.2025.
Learned counsel for the applicant submits that the applicant was not named in the FIR. His name has come into the light during course of investigation. The applicant was not present at the place of incident and nothing has been recovered from his possession. Applicant has no criminal history except present case. There is no independent or public witness of the alleged recovery. No animals have been found dead on the applicants' vehicle. Neither any weapon or machine nor any piece of meat has been recovered from the alleged vehicle and the vehicle of the applicant was being run by the driver, who used to pay rent of the vehicle and applicant has no concern with the alleged incident. Hence, bail has been prayed for.
4. Learned AGA has vehemently opposed the prayer for bail.
5. 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.
6. Accordingly, the bail application is allowed.
7. Let the accused-applicant, Santosh 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.
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 :- 7.5.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad