In a criminal bail application, the High Court granted bail to the applicant, alleging involvement in cow slaughter under IPC and Excise Act, noting co-accused had been released and imposing standard conditions including furnishing bonds.
Released on bail by furnishing a personal bond and two sureties each in the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47923 of 2019
Applicant :- Amit @ Sonu Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Tej Pratap Singh,Dhirendra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that the applicant is not named in the F.I.R. Showing the arrest of the applicant in case crime no. 166 of 2019, six cases have also been planted against the applicant including this case. The applicant has not committed the alleged offence. There is no cogent evidence against the applicant to connect with the alleged offence. Neither the applicant has prepared the adulterated liquor nor he sold the same. The co-accused Ramu Parihar, Yogenra Kushwaha, Upendra @ Rinku, Rahul, Raju and Suresh have already been released on bail by another bench of this court and by this court vide orders dated 16.10.2019, 1911.2019 and 5.12.2019 in Cr.Misc. Bail Application Nos. 26357 of 2019, 49188 of 2019, 50493 of 2019 and 53909 of 2019 respectively, therefore, applicant is also entitled for bail. Criminal history of the applicant has been explained in paragraph nos. 9 and 10 of the affidavit filed in support of bail application. The applicant is in jail since 3.4.2019.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Amit @ Sonu Yadav involved in Case Crime No. 224 of 2019, under Section 304 and 272 IPC and section 60 (A) Excise Act, Police Station Ghatampur District Kanpur Nagar 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 with the following conditions;
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 11.12.2019 Gss
2 issues framed by the court
Whether the applicant for bail, who claims non-naming in the FIR and lack of cogent evidence, is entitled to bail in a case involving cow slaughter under Section 304 IPC and the Excise Act.
Whether the release on bail with specific conditions is appropriate in the circumstances of the case.
3 provisions across 2 enactments
Amit @ Sonu Yadav
Bachchoo Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
