Shravan Kumar Yadav v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49050 of 2023 Applicant :- Shravan Kumar Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Bipin Kumar,Mohd. Naushad Siddiqui Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard learned counsel for the applicant, learned AGA for the State and perused the record.

¶2The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No.282 of 2023, under Section 3/5A/5B/8 of the UP Prevention of Cow Slaughter Act and Section 11 of Animal Cruelty Act, Police Station Chandauli, District Chandauli, during the pendency of trial.

¶3Learned counsel for the applicant submits that the applicants have been falsely implicated in the present case. It is further contended that at the place of incident alive cattle were recovered. No beef has been recovered from the possession of the applicant. He further contends that there is no independent witness of the alleged incident. It is also been contended that the applicant was not named in the FIR. There no criminal history against applicant. There is no likelihood of his abscondence or tampering with the evidence. The applicant is in jail since 18.10.2023. In case he is enlarged on bail, he will not misuse the said liberty.

¶4Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions advanced by the counsel for the applicant.

¶5Having regard to the facts, circumstances and the submissions made but without commenting on merits of the case, this Court is of opinion that the applicants are entitled to be enlarged on bail. Accordingly, the bail application is allowed.

¶6Let the applicant - Shravan Kumar Yadav, involved in the aforesaid case 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 the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 20.11.2023 Shahroz High Court of Judicature at Allahabad