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2025 DAILYLAW 78985 (ALL)

TRIVENI v. STATE OF U.P.

BAIL/25853/2025 · 2025-08-04

Sanjay Kumar Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:131763 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25853 of 2025 Applicant :- Triveni Opposite Party :- State of U.P. Counsel for Applicant :- Nanhe Lal Tripathi,Satish Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicant and learned A.G.A. for the State. 2-By means of this bail application under Section 483 of B.N.S.S., applicant- Triveni, who is involved in Case Crime No.58 of 2024, under Sections 3/5a/5b/8 Prevention of Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animal Act, 1960, Police Station Kandva, District Chandauli seeks enlargement on bail during the pendency of trial. 3-As per the prosecution case in brief, the police, on the basis of information of informer has apprehended the vehicle in question. On making query, the driver- Pankaj Kumar told that two cows loaded in vehicle are taking to Bihar for sale. The applicant who was sitting next told that he buys cows and sell them in Bihar. 4-Main substratum of argument of learned counsel for the applicant is that the applicant has been falsely implicated in this case. The applicant is resident of Bihar. He had purchased both the cows from from Village Ahicaura, District Chandauli for his domestic used and was taking them to Bihar. The applicant, who has no criminal antecedent is languishing in jail since 01.07.2025,hence he is entitled to be enlarged on bail. Lastly, it is submitted that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. In case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial. 5-On the other hand, learned Additional Government Advocate for the State opposed the prayer for bail of the applicant in the light of F.I.R. 6-Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties as noted above, I am of the view that the applicant has made out a case for bail. Hence, the bail application is hereby allowed. 7-Let the applicant- Triveni, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail. 8-In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. Order Date :- 5.8.2025 Sanjeet Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad