YOGESH YADAV ALIAS YOGENDRA v. STATE OF U.P. AND ANOTHER
NABAIL/7496/2025 · 2025-09-11
Vivek Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 95165 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 95165 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7496 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J.
1. Heard learned counsel for the applicant as well as Sri Neeraj Kumar Sharma, learned A.G.A. for the State and perused the material available on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 119 of 2025, under Sections 3/5A/8 Prevention of Cow Slaughter Act and Section 11(1)C of Prevention of Cruelty to Animals Act, Police Station Malwan, District Fatehpur. 3. Counsel for the applicant contends that the applicant has been falsely implicated in the present case. The name of the applicant was disclosed by the co-accused Ajit Pal in police custody. The said statement, insofar as it implicates the applicant, is unreliable. False recovery of two live cows has been shown from a pick-up vehicle. There is no independent witness to the alleged recovery. At this stage, there is no credible evidence to link the applicant with the offence. Identically placed co-accused Abhishek Yadav has been granted protection till cognizance is taken on the police report vide order dated 01.08.2025 passed in Criminal Misc. Writ Petition No. 15994 of 2025. The applicant has no criminal Versus Counsel for Applicant(s) : Sharad Kumar Srivastava Counsel for Opposite Party(s) : G.A. Yogesh Yadav Alias Yogendra .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
antecedents. The investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. 4. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made, considering the nature of accusations and antecedents of the applicant, in particular of the fact, that the name of the applicant was disclosed by the co- accused Ajit Pal in police custody; there is no independent witness to the alleged recovery; at this stage, there is no substantive evidence to link the applicant with the offence; identically placed co-accused Abhishek Yadav has been granted protection by this Court till cognizance is taken on the police report; without commenting on merits of the case, I am of the opinion that the applicant is entitled for anticipatory bail. 6.
6. In the event of arrest, the applicant Yogesh Yadav @ Yogendra involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions: (i) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation; (ii) 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 from disclosing such facts to the court or to any police officer; (iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court. (iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of NABAIL No. 7496 of 2025 2
the concerned Court. (v) The applicant shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 B.N.S.S.
7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. September 12, 2025 Lbm/- NABAIL No. 7496 of 2025 3 (Vivek Varma,J.) Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad