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2025 DAILYLAW 8473 (ALL)

NARENDRA KUMAR YADAV v. STATE OF U.P.

BAIL/1920/2025 · 2025-04-24

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:63771 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1920 of 2025 Applicant :- Narendra Kumar Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Ramashankar Yadav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Ramashankar Yadav, learned counsel for the applicant, Shri Purshottam Maurya, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Narendra Kumar Yadav, seeking enlargement on bail in Case Crime No.222 of 2024, under Sections 3/5A/8/5B of Prevention of Cow Slaughtr Act, 1955, Police Station Bhawarkoal, District Ghazipur. 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 12.12.2024. Learned counsel for the applicant submits that as per prosecution version, the FIR has been lodged by the first informant namely, Omveer Singh, Sub Inspector on 12.12.2024 at about 15:42 hours, against three accused persons including the applicant. There is no independent witness of the alleged incident. It is relevant to point out that all the witnesses alleged to be witnesses are police party. There is no any independent eye witness of the alleged incident. No offence, under Section 3/5A/8/5B Prevention of Cow Slaughter Act, 1955 is made out against the applicant. Co-accused Shameem, has been granted bail by this Court in Criminal Misc. Bail Application No. 1826 of 2025, vide order dated16.04.2025. Criminal history of six cases has been explained in paragraph no. 2 of the affidavit filed in support of bail application and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. 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. Accordingly, the bail application is allowed. Let the accused-applicant, Narendra Kumar 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. 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 :- 25.4.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad