The High Court ordered the enlargement of the applicant on bail in a case involving cow slaughter and animal cruelty charges, subject to standard conditions.
Enlargement on bail via personal bond and two sureties.
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. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4977 of 2021
Applicant :- Shyam Sunder Ram Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Chaudhary Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It is contended by the learned counsel for the applicant that it is a case of false implication on account of ulterior motive. It is further submitted that three alive cow and one died calf is alleged to have been recovered from the possession of the applicant. It is next submitted that applicant was going to the house of his relative and on the way some dispute took place with police personnel due to which he has been falsely implicated in the present case. There is no independent witness of the alleged incident. Applicant has no criminal history. It is next contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is next contended by the learned counsel for the applicant that the applicant is in jail since .. and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has vehemently opposed the prayer but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant- Shyam Sunder Ram , involved in Case Crime No. 95 of 2020, under Section- 3/5(a)(b)/8 Cow Slaughter Act and Section 11 of Animal Cruelty Act, Police Station-Dheena , District Chandauli, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad. The concerned Court/Authority/Jail Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.
This bail order would be subject to the fulfilment of following conditions:-
during the investigation or trial.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 28.1.2021 Rmk.
1 issue framed by the court
Whether the applicant must be enlarged on bail given allegations of false implication and lack of evidence for fleeing.
6 provisions across 4 enactments
Shyam Sunder Ram
Neeraj Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Neeraj Tiwari
Parties & counsel
