Ashu v. State of U.P
Case at a glance
Outcome
Bail granted
Accordingly, the bail application is allowed
Provisions considered
Judgment
Hon'ble Ashutosh Srivastava,J. Heard Shri Kamlesh Kumar Singh, learned counsel for the applicant and Shri Purshottam Maurya, learned AGA for the State- Respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Ashu, seeking enlargement on bail in Case Crime No. 114 of 2024, under Sections 3/5A /5B/8 of the U.P. Prevention of Cow Slaughter Act, 1955, Section 11 of Animal Cruelty (Prevention) Act, 1960, Police Station-Naugarh, District- Chandauli. Learned counsel for the applicant argued that the accused- applicant is innocent and has been falsely implicated in this case crime number. The applicant is languishing in jail since 08.12.2024. Learned counsel for the applicant submits that the First Information Report has been lodged on 15.11.2024, against nine named and some other unknown persons, with the allegation that on an information of the informer, with regard that some persons have purchased cows in district Sonbhadra and Mirzapur Dehat, and were taking them to West Bengal through the forest of Devdari/Rajdari, for selling them for slaughtering purposes, the police has raided and recovered the cows and arrested one Khichadu Yadav and the applicant.
Learned counsel for the applicant further submits that the applicant is a labour and some hot talk took place between the police personnel and due to which the applicant has been falsely implicated in another case crime No. 111 of 2024 and subsequently has falsely implicated in the present case also. Learned counsel for the applicant submits that there is no recovery of any beef or any other incriminating material from the possession of the applicant. There is no independent witness of the aforesaid recovery. Criminal history of one case has been shown against the applicant which is mentioned in paragraph no. 11 of the affidavit filed in support of bail application 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.
Operative part
Accordingly, the bail application is allowed. Let the accused-applicant, Ashu, 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 :- 22.4.2025 Deepak/ DEEPAK KUMAR KUSHWAHA DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad High Court of Judicature at Allahabad
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the bail application is allowed
Which statutory provisions did this judgment involve?
Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483; Animal Cruelty (Prevention) Act, 1960 — s. 11.
Which court decided this case, and when?
Allahabad High Court, on 22 Apr 2025. The bench was ASHUTOSH SRIVASTAVA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.