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2025 DAILYLAW 88820 (ALL)

RISHI KASHYAP v. STATE OF U.P.

BAIL/29506/2025 · 2025-09-10

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29506 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Girish Kumar Gupta, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 210/2025, under Sections 3/5A/5B/8 of Prevention of Cow Slaughter Act, Police Station Saiyadraja, District- Chandauli, during the pendency of trial. 4. As per prosecution story, the applicant was arrested from a Tata Magic vehicle No.UP65 BD 4529 on 25.07.2025 carrying one animal belonging to cow progeny, which was found stashed. 5. Learned counsel for the applicant has stated that the applicant is the driver of the said vehicle and has been falsely implicated in the present case. He has nothing to do with the said offence. Since no animal was slaughtered in the present case, no offence is made out under the Uttar Pradesh Prevention of Cow Slaughter Act, 1955. If at all any offence is disclosed, the same would fall only within the ambit of the Prevention of Cruelty to Animals Act, 1960. There is no criminal history of the applicant. The applicant is languishing in jail since 29.07.2025 and is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. The bail application has been opposed but the submissions raised by the learned counsel for the applicant could not be disputed. Versus Counsel for Applicant(s) : Girish Kumar Gupta Counsel for Opposite Party(s) : G.A. Rishi Kashyap .....Applicant(s) State of U.P. .....Opposite Party(s) 7. Learned A.G.A. has vehemently opposed the bail application. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that no animal was slaughtered in the present case, no offence is made out against the applicant and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 9. Let the applicant- Rishi Kashyap, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 11, 2025 Sharad/- BAIL No. 29506 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad