Yogendra Prasad Alias Joginder Vs State of U.P. — Bail and Remand | Allahabad HC (2025)

Yogendra Prasad Alias Joginder Vs State of U.P. — Bail and Remand | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Release of the accused-applicant Yogendra Prasad alias Joginder on bail upon execution of a personal bond and two reliable sureties each in the like amount, to the satisfaction of the court concerned, subject to four conditions: (1) no tampering with evidence; (2) no indulgence in criminal activity; (3) no pressurising/intimidating prosecution witnesses and cooperation in the trial; (4) regular appearance on every date fixed by the trial court unless exempted through counsel; with liberty reserved to the court below to cancel bail on breach of any condition.

Issue for consideration

Whether the accused-applicant Yogendra Prasad alias Joginder, in custody since 03.03.2025 in Case Crime No. 51 of 2025 (Sections 3/5A/5B/8, U.P. Prevention of Cow Slaughter Act, 1955; Section 11, Animal Cruelty (Prevention) Act, 1960; P.S. Lalganj, District Mirzapur), should be enlarged on bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Court's answer

Considering the nature of accusations, severity of punishment upon conviction, nature of supporting evidence, reasonable apprehension of tampering with witnesses and the prima-facie case, but expressly without commenting on the merits, the court found that a case for bail was made out.

Ratio / Principle

The bail application was accordingly allowed, and the accused-applicant was directed to be released on bail on executing a personal bond together with two reliable sureties each in the like amount, subject to specified conditions, to the satisfaction of the court concerned; on breach of any condition the court below may cancel the bail.

Detailed headnote1 paragraphs

Bail granted (S. 483, Bharatiya Nagarik Suraksha Sanhita, 2023) — Accused Yogendra Prasad alias Joginder, in custody since 03.03.2025 in Case Crime No. 51 of 2025 under Sections 3/5A/5B/8 of the U.P. Prevention of Cow Slaughter Act, 1955 and Section 11 of Animal Cruelty (Prevention) Act, 1960, P.S. Lalganj, District Mirzapur — Counsel contended recovery of 11 live progenies from the alleged vehicle lacked any independent witness, no beef or other incriminating material recovered from the applicant, and no criminal antecedents; AGA opposed but could not dispute these facts — Court considered nature of accusations, severity of punishment, supporting evidence and tampering apprehension, expressly without commenting on merits, found a case for bail, and allowed the application: release on personal bond plus two reliable sureties each in like amount, subject to conditions of non-tampering, abstention from criminal activity, non-intimidation of witnesses and regular trial attendance, breach permitting cancellation by the court below.

Neutral Citation No. - 2025:AHC:85401

Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12570 of 2025

Applicant :- Yogendra Prasad Alias Joginder Opposite Party :- State of U.P. Counsel for Applicant :- Pushpa Joshi Counsel for Opposite Party :- G.A.

Hon'ble Ashutosh Srivastava,J.

Heard Manvendra Singh, Advocate, holding brief of Ms. Pushpa Joshi, learned counsel for the applicant and Shri Anil Kumar Singh, learned A.G.A. and perused the record of the case.

This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accusedapplicant, Yogendra Prasad Alias Joginder, seeking enlargement on bail in Case Crime No. 51 of 2025, under Sections 3/5A/5B/8 of the U.P. Prevention of Cow Slaughter Act, 1955, and Section 11 of Animal Cruelty (Prevention) Act, 1960, Police Station-Lalganj, District-Mirzapur.

Learned counsel for the applicant argued that the accusedapplicant is innocent and has been falsely implicated in this case crime number. The applicant is languishing in jail since 03.03.2025. Learned counsel for the applicant submits the recovery shown from the alleged vehicle of 11 live progenies. Neither any beef nor any other incriminating material has been recovered from the possession of the applicant. There is no independent witness of the aforesaid recovery. The applicant has no criminal antecedents and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.

Learned AGA has vehemently opposed, but could not dispute the aforesaid facts.

Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima-facie case, but without commenting on merit of case, a case for bail is made out.

Accordingly, the bail application is allowed.

Let the accused-applicant, Yogendra Prasad Alias Joginder, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

The applicant will not tamper with the evidence.

The applicant will not indulge in any criminal activity.

The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

The applicant will appear regularly on each and every date fixed by the trial court, unless their personal appearance is exempted through counsel by the court concerned.

In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

Order Date :- 21.5.2025

Deepak/

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