Allowed

Mukesh Yadav v. State of U.P.

Allahabad HC7 Feb 2022BAIL/2804/2022

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad granted bail to Mukesh Yadav in a case under the Prevention of Cow Slaughter Act and Prevention of Cruelty to Animals Act, subject to strict conditions regarding presence, conduct during trial, and appearance at specific stages, considering the pandemic situation.

What did the court decide?

Applicant Mukesh Yadav released on bail by furnishing personal bond and two sureties, subject to conditions regarding presence, conduct, and reporting to the trial court.

Mukesh Yadav Vs State of U.P. — Pension and Retirement Benefits | Allahabad HC (2022)

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Court No. - 44

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2804 of 2022

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Applicant :- Mukesh Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar Kushwaha Counsel for Opposite Party :- G.A.

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Hon'ble Ashwani Kumar Mishra,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The applicant is seeking enlargement on bail in case crime No. 330 of 2021, under Sections 3/5A/5B/8 of U.P. Prevention of Cow Slaughter Act and 11 Prevention of Cruelty of Animals Act, Police Station Alinagar, District Chandauli.

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The contention is that applicant has no criminal history and the applicant is otherwise neither the owner of the vehicle nor the cleaner. It is stated that none of the cattle have been slaughtered and as a matter of fact, the cattle were being transported from one place to another by other person who fled and the applicant had only boarded the vehicle for travelling to one place to another. It is stated that applicant is in jail since 24.12.2021 and there is no possibility of trial to conclude shortly on account of the ongoing pandemic COVID-19.

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Learned A.G.A. opposed the prayer for grant of bail to the applicant, but could not point out anything material to the contrary.

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Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.

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Let applicant Mukesh Yadav be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-

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(i) The applicant shall not tamper with the evidence or threaten the witnesses.

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(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as

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abuse of liberty of bail and pass orders in accordance with law.

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(iii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iv) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(v) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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Order Date :- 7.2.2022 Madhurima

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Digitally signed by MADHURIMA GARG Date: 2022.02.08 14:26:11 IST Reason: Location: High Court of Judicature at Allahabad

Mukesh Yadav v. State of U.P.

Case brief

What is this about?

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Mukesh Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

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