Allowed¶12

Vipin v. State of U.P.

Allahabad HC8 Apr 2025BAIL/11458/2025

Case brief

AI extract

What is this about?

Allahabad High Court, CRIMINAL MISC. BAIL APPLICATION No. 11458 of 2025, decided 9.5.2025 by Hon'ble Ram Manohar Narayan Mishra, J.; Neutral Citation 2025:AHC:76057; bail allowed for applicant Vipin in Case Crime/FIR No.43 of 2025 under Sections 3/5A/8 U.P. Cow Slaughter Act and Section 3/11 Cruelty to Animals Act, P.S. Purkaji, District Muzaffarnagar; grounds: no independent witness of recovery, in jail since 13.03.2025, no criminal antecedents; counsel Virendra Singh Tomar for applicant, G.A. for State.

What did the court decide?

Bail granted to applicant Vipin in Case Crime/FIR No.43 of 2025 on furnishing a personal bond and two sureties each in the like amount, subject to five imposed conditions; trial court may initiate proceedings in accordance with law if bail liberty is misused. ¶12

Vipin vs State of U.P. — Allahabad HC (2025) — LawSathi Research

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Neutral Citation No. - 2025:AHC:76057

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Court No. - 88

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11458 of 2025

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Applicant :- Vipin Opposite Party :- State of U.P. Counsel for Applicant :- Virendra Singh Tomar Counsel for Opposite Party :- G.A.

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Hon'ble Ram Manohar Narayan Mishra,J.

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

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The present bail application has been filed on behalf of the applicant in Case Crime/FIR No.43 of 2025, under Sections 3/5A/8 of the U.P. Cow Slaughter Act and Section 3/11 of Cruelty to Animals Act, Police Station-Purkaji, District-Muzaffarnagar, with the prayer to enlarge him on bail.

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Learned counsel for the applicant submitted that applicant is innocent person and has been falsely implicated in this case. He is in jail since 13.03.2025 and having no criminal history. He next submitted that neither the applicant is involved in cow slaughtering nor selling the same. There is no independent witness of the alleged recovery. He next submitted that alleged offence is triable by Magistrate. He further submitted that co-accused, Rahul, who was arrested on the spot along with applicant, has already been granted bail by Co-ordinate Bench this Court, vide order dated 08.05.2025 passed in Criminal Misc. Bail Application No.12481 of 2025. In these circumstances, the applicant is also entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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On due consideration to the fact that there is no independent witnesses of the alleged recovery, coupled with the fact that the applicant is languishing in jail since

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13.03.2025 without having any criminal antecedents and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicants on bail.

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Accordingly, the bail application is allowed.

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Let the applicant- Vipin involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence.

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

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(v) 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.

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In case, the applicant misuses the liberty of bail during trial, the trial court shall initiate proceedings against him, in accordance with law.

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Order Date :- 9.5.2025 Amit

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

Vipin v. State of U.P.

Case brief

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Vipin v. State of U.P.

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