Allowed

Naval Kishor Trivedi v. State of U.P.

Allahabad HC18 Oct 2023BAIL/44378/2023

Case brief

AI extract

What is this about?

The High Court granted bail to Naval Kishor Trivedi alleging cattle slaughter and cruelty. The Court found no independent witness to the recovery and noted no reasonable apprehension of tampering with evidence or intimidating witnesses, allowing release on personal bond and sureties.

What did the court decide?

Release on bail on personal bond and two sureties subject to conditions of appearance, no tampering with evidence, and no pressuring witnesses.

Naval Kishor Trivedi Vs State of U.P. — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:202391

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44378 of 2023

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Applicant :- Naval Kishor Trivedi Opposite Party :- State of U.P. Counsel for Applicant :- Irshad Ahmad,Rajesh Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State-opposite party.

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The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 163 of 2023, under Sections 3/5A/5B/8 of the U.P. Prevention of Cow Slaughter Act, 1964, 11 of the Animal Cruelty Act and 429 I.P.C., Police Station Saiyad Raja, District Chandauli during the pendency of the trial.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. False recovery of livestock has been shown from a vehicle. There is no independent witness to the alleged recovery. No cow meat was recovered from the alleged vehicle. Prior to the instant case the applicant does not have any criminal history, however, after his arrest he has been implicated in other cases. The applicant is in jail since 17.08.2023 and if he is released on bail, he will not misuse the said liberty.

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Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that there is no independent witness to the alleged recovery. Moreover, the applicant has remained confined for almost two months and after submission of the charge-sheet there is no hope of early conclusion of trial, and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on

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bail.

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Let the applicant- Naval Kishor Trivedi, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he:

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(i) shall appear on the date fixed by the trial court;

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(ii) shall not tamper with the prosecution evidence; and,

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(iii) shall not pressurize the prosecution witnesses.

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

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Order Date :- 18.10.2023 SKT/-

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Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad

Naval Kishor Trivedi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Naval Kishor Trivedi v. State of U.P.

Case brief

What is this about?

What did the court decide?

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