Om Prakash Verma v. State of U.P. Thru. Prin. Secy. Deptt. Home, Govt. U.P. Lucknow

Court No. -29 Case :-CRIMINAL MISC. BAIL APPLICATION No. -13904 of 2023 Applicant :-Om Prakash Verma Opposite Party :-State Of U.P. Thru. Prin. Secy. Deptt. Home, Govt. U.P. Lucknow Counsel for Applicant :-Pankaj Verma Counsel for Opposite Party :-G.A. Hon'ble Mrs. Sadhna Rani (Thakur),J. Heard learned counsel for the applicant, learned A.G.A. and perused the record. This application has been moved by the applicant -Om Prakash Verma to enlarge him on bail in Case Crime No. 422 of 2023 under Sections 3/5/5A/8 U.P. Prevention of Cow Slaughter Act, 1955 and Section 11 of the Prevention of Cruelty to Animals Act, 1960, Police Station Mankapur, District Gonda. It is argued by the learned counsel for the applicant that there is allegation that the present applicant was apprehended from the spot along with 11 cows which were tied mercilessly. There is no allegation of recovery of any beef. Two co-accused persons apprehended on the spot have been granted bail. The applicant is languishing in jail since 24.07.2023, hence, the prayer for bail is made. Learned A.G.A. opposed the prayer for bail and submitted that on the basis of this case the applicant has also been implicated in a case under Gangsters Act. From perusal of the record, it is found that no beef has been recovered from the applicant. The allegation against the applicant is of transporting the animals tying them mercilessly. The applicant is languishing in jail since 24.07.2023. Considering the facts and circumstances of the case, perusing the record, the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merits of the case, I find it to be a fit case for granting bail to the applicant. The bail application is allowed. Let the applicant Om Prakash Verma involved in the aforesaid case be released on bail on furnishing personal bonds and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-

¶1The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

¶2He will not tamper with the witnesses.

¶3He will not indulge in any illegal activities during the bail period. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to the prison. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case. Order Date :- 8.12.2023 gp High Court of Judicature at Allahabad, Lucknow Bench