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Neeraj Kumar Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Allahabad HC
2022
Neeraj Kumar Vs State of U.P.Neeraj Kumar v. State of U.P.

Allowed

Neeraj Kumar v. State of U.P.

Allahabad HC19 Nov 2022BAIL/25900/2022

Case brief

AI extract

What is this about?

Bail application allowed in case registered under Prevention of Cow Slaughter Act and IPC. Applicant granted release on furnishing bond and sureties.

What did the court decide?

Release on bail by furnishing personal bond and two sureties in like amount.

What the court decided

AI extract

A

Court No. - 79

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25900 of 2022

Applicant :- Neeraj Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Sushil,Dr. Om Prakash Yadav Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

Heard Dr. Om Prakash Yadav, the learned counsel for the applicant, Sri Jitendra Kumar Jaiswal, the learned Additional Government Advocate and perused the record.

The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 51 of 2022, registered under Sections 3/5A/5B/8 of Prevention of Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animal Act and Section 429 I.P.C., Police Station Iliya, District Chandauli during pendency of the trial.

The aforesaid case has been registered on the basis of an F.I.R. lodged by the Station House Officer alleging that on the basis of an information received from a Mukhbir, two vehicles were intercepted, one of which was being driven by the applicant and the other vehicle was being driven by the Ramjanam Sonkar. Seven cow progenies were found in each of the vehicles and one cow progeny in each of the vehicle were found to be dead.

In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case.

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the applicant entitled to bail in case of alleged cow slaughter suspicion

Statutes considered

3 provisions across 3 enactments

AI extract

Prevention of Cow Slaughter Act3/5A/5B/8
Prevention of Cruelty to Animal Act11
India Penal Code429

Parties & counsel

AI extract

applicant
Neeraj Kumar
respondent
State of U.P.

Coram

AI extract

Subhash Vidyarthi

Case details

As recorded by the court registry

Court: Allahabad HC
Decided on: 19 Nov 2022 · November
Registered: 17 Jun 2022
Case no.: BAIL/25900/2022

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Cite this judgement

Neeraj Kumar v. State of U.P., BAIL/25900/2022 (ALL), decided on 19 November 2022.

The Allahabad High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes3

Prevention of Cow Slaughter Act3/5A/5B/8
Prevention of Cruelty to Animal Act11
India Penal Code429

View all statutes

Bench / Coram

Subhash Vidyarthi

Parties & counsel

Outcome

Release on bail by furnishing personal bond and two sureties in like amount.

Issue for consideration

Whether the applicant entitled to bail in case of alleged cow slaughter suspicion

Detailed headnote1 paragraphs

Bail application allowed despite opposition. Application for release on bond and sureties allowed under standard conditions including bond of sureties and personal appearance.

A compact analysis

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.

The State has filed a counter affidavit disclosing criminal history of two more cases of the applicant.

A supplementary affidavit has been filed on behalf of the applicant stating that the applicant has been granted bail in the aforesaid cases and copies of the bail orders has been annexed with the supplementary affidavit.

Ramjanam Sonkar who is the driver of one of the vehicles from which seven cow progenies were recovered, has already been granted bail by means of an order dated 06.07.2022 passed by this Court in Criminal Misc. Bail Application No. 26371 of 2022.

Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail.

Having regard to the aforesaid facts and submissions and keeping in view the fact that another person against whom similar allegations have been levelled has already been granted bail, I am of the view that the applicant is also entitled to be released on bail.

In light of the preceding discussion and without making any observation on the merits of the case, the instant bail application is allowed .

Let the applicant Neeraj Kumar be released on bail in Case Crime No. 51 of 2022, registered under Sections 3/5A/5B/8 of Prevention of Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animal Act and Section 429 I.P.C., Police Station Iliya, District Chandauli on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-

(i) The applicant will not tamper with the evidence during the trial.

(ii) The applicant will not influence any witness.

(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.

Order Date :- 19.11.2022

Jaswant

Digitally signed by JASWANT KUMAR Date: 2022.11.21 13:31:46 IST Reason: Location: High Court of Judicature at Allahabad

CNR

UPHC011050242022

Topic

Bail and Remand

Bench

Subhash Vidyarthi

Disposal

Allowed/Partly Allowed on merits

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