Pawan Kumar Yadav Vs State of U.P. and Another

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7297 of 2025

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Pawan Kumar Yadav

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.....Applicant(s)

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Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Niraj Kumar Thakur, Sharad Kumar Counsel for Opposite Party(s) : G.A.

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Court No. - 69

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HON'BLE VIVEK VARMA, J.

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Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record.

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This application has been filed seeking anticipatory bail in Case Crime No. 180 of 2024, under Sections 3/5A/5B/8 of the Prevention of Cow Slaughter Act and under Section 11 of Prevention of Cruelty to Animals Act, Police Station Syed Raza, District- Chandauli, during the pendency of trial.

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Counsel for the applicant submits that the applicant has been falsely implicated in the present case. False recovery of livestock has been shown from a pick up vehicle. There is no independent witness to the alleged recovery. The applicant is the owner of the alleged vehicle. At this stage there is no credible evidence to link the applicant with the offence. During the investigation, the applicant was granted anticipatory bail till submission of police report by this Court vide order dated 4.12.2024 passed in Criminal Misc. Anticipatory Bail Application No.11444 of 2024 (Pawan Kumar Yadav vs. State of U.P. and another). Investigation has been completed. Charge-sheet has been filed. The applicant had cooperated in the investigation. The applicant has been summoned by the concerned Court. No custodial interrogation is required. Criminal history of the applicant has been explained in 24 of the bail application. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, he will not misuse the said liberty.

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NABAIL No. 7297 of 2025

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2

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

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Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant, and the fact that there is no independent witness to the alleged recovery; at this stage there is no substantive evidence to link the applicant with the offence; during the investigation, the applicant was granted anticipatory bail till submission of police report; investigation has been completed; charge sheet has been filed; the applicant had cooperated in the investigation; the applicant has been summoned by the concerned court, no custodial interrogation is required; without commenting on merits of the case, I am of the opinion that the applicant is entitled for anticipatory bail.

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In the event of arrest, the applicant Pawan Kumar Yadav, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with 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 make himself available on each date fixed in the matter by the court concerned;

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(ii) 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 from disclosing such facts to the Court;

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(iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the concerned court.

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In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

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The application stands disposed of.

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September 22, 2025 Manish Kr

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(Vivek Varma,J.)

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

Pawan Kumar Yadav v. State of U.P. and Another

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