Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 97925 (ALL)

ASHOK YADAV v. STATE OF U.P.

BAIL/32368/2025 · 2025-09-18

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. - 32368 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Ratnesh Kumar Jaiswal, learned counsel for the applicant and Sri Anit Kumar Shukla, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 0137 of 2025, under Sections 3/5A/5B/8 of U.P. Prevention of Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animals Act, Police Station - Sakaldeeha, District - Chandauli, during the pendency of trial. 4. Learned counsel for the applicant has contended that the applicant is not named in the FIR. He is stated to be the owner of the vehicle. It is also stated that since no animal was slaughtered in the present case, no offence is made out under the U.P. Prevention of Cow Slaughter Act, 1955. If at all any offence is disclosed, the same would fall only within the ambit of Prevention of Cruelty to Animals Act, 1960. 5. Learned counsel has next contended that the applicant is languishing in jail since 27.8.2025, having no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 6. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, nature of offence, severity of punishment and without expressing any opinion on the merits of the case, prima facie I find it a fit case to release the applicant on bail. The bail application is allowed. 8. Let the applicant- Ashok Yadav, who is involved in aforementioned case crime be Versus Counsel for Applicant(s) : Ratnesh Kumar Jaiswal Counsel for Opposite Party(s) : G.A. Ashok Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. 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 19, 2025 Siddhant BAIL No. 32368 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad