Allowed

Madhav Yadav v. State of U.P. and Another

Allahabad HC21 Jun 2021ABAIL/10619/2021

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to the applicant under CrPC 438 in proceedings for cow slaughter and animal cruelty. The court found no need for fresh materials given the applicant's lack of antecedents and the pandemic context, ordering bail on personal bond with conditions.

What did the court decide?

Anticipatory bail granted upon furnishing a personal bond of Rs. 50,000 with two sureties and complying with specified conditions until conclusion of trial.

Madhav Yadav Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2021)

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Court No. - 38

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10619 of 2021

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Applicant :- Madhav Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamlesh Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Saumitra Dayal Singh,J.

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The present application has been filed directly before this Court in the month of April, 2021. It is submitted that at the time of filing of the present application in April, 2021, the local courts at Chandauli were lying closed due to the spread of the second wave of pandemic Covid-19. Accordingly, the present application has been entertained.

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Heard learned counsel for the applicant and learned A.G.A. for the State through video conference.

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This anticipatory bail application has been filed on behalf of the applicant - Madhav Yadav , seeking anticipatory bail in Case Crime No.47 of 2021, under Sections -3/5A/8 Cow Slaughter Act and 11 Animal Cruelty (Prevention) Act, Police Station -Iliya, District -Chandauli , during the pendency of trial.

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The bail application has been opposed by learned AGA.

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On merits, it has been submitted that the applicant has been falsely implicated solely on the statement of the coaccused who had been apprehended from the spot.

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At present, there are no criminal antecedents of the applicant shown as also no real apprehension has been expressed by the State of the applicant fleeing from justice, if the present application is allowed.

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In view of the above, no useful purpose would be served in keeping the present application pending or calling for counter affidavit at this stage. Without expressing any opinion on the merits of the case, the applicant is entitled to anticipatory bail in this case, at this stage.

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In the event of arrest of the applicant - Madhav Yadav , involved in the aforesaid case crime, he shall be released on anticipatory bail till conclusion of the trial, on his

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furnishing a personal bond of Rs. 50,000/- with two sureties of the like amount to the satisfaction of the Station House Officer of the police station concerned on the following conditions:

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(i) The applicant shall make himself available for interrogation by a police officer as and when required.

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(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 him/her from disclosing such facts to the court or to any police officer or tamper with the evidence.

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(iii) The applicant shall not leave India without the previous permission of the court.

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(iv) In default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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Present application stands disposed of .

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Order Date :- 21.6.2021 S.Chaurasia

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Digitally signed by Justice Saumitra Dayal Singh Date: 2021.06.21 17:48:25 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Madhav Yadav v. State of U.P. and Another

Case brief

What is this about?

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Madhav Yadav v. State of U.P. and Another

Case brief

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