Mohan Kumar Bind Vs State of U.P.

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Court No. - 88

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6746 of 2023

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Applicant :- Mohan Kumar Bind Opposite Party :- State of U.P.

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Counsel for Applicant :- Pushpendra Kumar Yadav,Vivek Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Pushpendra Kumar Yadav, learned counsel for the applicant and Sri Amit Kumar Shukla, learned Brief Holder, for the State.

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The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.04 of 2023, under Section3/5A/5B/8 of Prevention of Cow Slaughter Act and Section 11 of Animal Cruelty Act, Police Station Dheena, District Chandauli during pendency of the trial.

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According to the prosecution case, applicant and one another was apprehended and it is alleged that from their possession 16 alive cattle were recovered.

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Learned counsel for the applicant submits that entire allegation against the applicant is totally false and baseless and even from the perusal of FIR it appears that there is no allegation of slaughtering against the applicant and only allegation of transportation of cattle against him.

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He next submits that applicant is not having any criminal history and in the present matter he is in jail since 9.1.2023.

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Per contra, learned AGA although opposed the prayer for bail but could not dispute the fact that only allegation against the applicant is of transportation of cattle and he is not having any previous criminal history.

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I have heard learned counsel for the parties and perused the record of the case.

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Considering the fact that the allegation against the applicant is of only transportation of cattle and he is not having any previous criminal history and he is in jail in the present matter since 9.1.2023, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

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Let the applicant- Mohan Kumar Bind be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) 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 or any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and antisocial activity.

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

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Order Date :- 24.3.2023 SKM

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Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad

Mohan Kumar Bind v. State of U.P.

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Mohan Kumar Bind v. State of U.P.

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