Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:125852 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25855 of 2025 Applicant :- Waseem Opposite Party :- State of U.P. Counsel for Applicant :- Syed Shahnawaz Shah Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicant and learned Additional Government Advocate for the State of U.P. 2-The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 142 of 2025, under Sections 3/5/8 of Cow Slaughter Act, Police Station Bhojpur, District Ghaziabad during the pendency of trial. 3-Succinctly, the prosecution case is that on the information of an informer, namely, Madhur Nehra, a truck being Registration No. UP 15 DT 5526 was taken into custody in which huge amount of remains of the animals was being transported. The said animal remains were verbally confirmed by the Government Veterinary Officer as cow remains. F.I.R. also alleges that some e-way bills were also recovered from the truck which showed that the said cow remains were being transported from Hapur to Punjab. 4-The main substratum of argument of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in this case. He next submits that though the driver and cleaner of the said truck were being apprehended by the police but they were not shown as an accused in the impugned F.I.R. dated 04.06.2025 as the same was lodged against unknown persons. It is next submitted that the truck being Registration No. UP 15 DT 5526 belongs to Hind Road Lines Transport Company and the said truck was engaged by M/s Silver Organics Mewatiyan Kotla Hapur, which deals in
manufacturing and trading of raw hides etc. He next submits that as per the transport papers and e-way bills, the said raw hide were being sent by M/s Silver Organics Mewatiyan Kotla, Hapur to Ajay Gelatins Products Pvt. ltd. Zirakpur, Punjab. In the said transport papers, the name of owner of the truck was shown as Kaleem and the driver name was mentioned as Waseem (present applicant), copy whereof has been annexed as annexure no. 3 to the bail application.
It is next submitted that the applicant being driver of the truck is only a paid servant and cannot be held liable for the material being transported by a transport company. There is no allegation against the applicant that he was involved in slaughtering of the said animals. Lastly it is submitted by learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant has no criminal history to his credit and is languishing in jail since
04.06.2025. In case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case. 5-Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant but does not dispute the above factual aspect of the matter as argued on behalf of the applicant. 6-Having heard learned counsel for the parties and examined the matter in its entirety, I find that the applicant, being the driver of the vehicle in question, is not responsible with regard to the materials being transported by a transport company. It is also not in dispute that there were papers, issued by the transport company to transport the said material from Hapur to Punjab. There were also e-way bills issued by M/s Silver Organics Mewatiyan Kotla, Hapur to get the said material transported to Ajay Gelatins Products Pvt. ltd. Zirakpur, Punjab. 7-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, I
am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed. 8-Let the applicant-Waseem, 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. 9-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 :- 29.7.2025 Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad