High Court · 2025

"1. Heard Sri Gaurav Kumar Singh, learned counsel for the applicant, learned A.G.A for the State and perused the record.

2. The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant in Case Crime No. 375 of 2024, under Section 3/5A/5B/8 of U.P. Prevention of Cow Slaughter Act, 1955 and Section 11 of Prevention of Cruelty to Animals Act, 1996, Police Station- Ramkola, District- Kushinagar, during the pendency of trial.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. He next submits that two cows have been recovered from the pickup bolero no. BR01 GE5712 and the owner of the said vehicle was Abdul Mazid and he is named in the first information report. He next submits that after lodging of the instant first information report, Abdul Mazid, owner of the alleged vehicle no. BR01 GE5712 has sold the vehicle to the present applicant, thereafter, applicant moved release application before the court concerned, as such, vehicle was released by order dated 18.10.2024 in favour of the applicant, thereafter, police officials are harassing the applicant in pursuance of the instant first information report. Investigation is going on. There is no evidence to prosecute the applicant in the present case. In case, applicant is granted anticipatory bail, he would not misuse the liberty of bail and would co-operate with the investigation. Applicant has definite apprehension of his arrest by the police.

4. Learned AGA has vehemently opposed the prayer for anticipatory bail of the applicant with the contention that the applicant is not entitled for anticipatory bail as, prima facie, case is made out.

5. Learned A.G.A. granted four week's time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

6. List this case after six weeks.

7. As an interim protection, till the next date of listing fixed for hearing on this application, the applicant is granted anticipatory bail in the aforesaid case crime number. In the event of arrest, the applicant shall be released on interim anticipatory bail on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicant shall make himself available for interrogation by the police officer as and when required; (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 or to any police officer; (iii) The applicant shall not leave India without the previous permission of the Court and if applicant has passport, the same shall be deposited before the S.S.P./S.P./C.P./A.C.P concerned; (iv) The applicant shall not tamper with the evidence during the trial; (v) The applicant shall not pressurize/intimidate the prosecution witness; (vi) The applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

8. In default of any of the conditions, the Investigating Officer/Govt. Advocate/concerned court is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant."

3. Counsel for the applicant contends that the applicant has been falsely implicated in the instant case. At the time of alleged incident the applicant was not the owner of alleged vehicle. The said vehicle was subsequently sold by the erstwhile owner to the applicant. The applicant has no concern with the alleged incident. Further, pursuant to the interim order dated 20.02.2025 the applicant has joined the investigation. The applicant has no criminal antecedents. It is next submitted that the investigation is pending. In case the applicant is granted anticipatory bail, he will not misuse the said liberty.

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

5. Counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report.

6. Having regard to the submissions made by counsel for the applicant, considering the nature of accusations, the criminal antecedents of the applicant and the fact that at the time of alleged incident the applicant was not the owner of alleged vehicle. The said vehicle was subsequently sold by the erstwhile owner to the applicant. Pursuant to interim order dated 20.02.2025 the applicant has joined the investigation. No violation of conditions or misuse of liberty of interim anticipatory bail has been pointed out by learned AGA. Without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report.

7. In the event of arrest, the applicant- Ram Sohil Yadav be released on anticipatory bail in Case Crime No. 375 of 2024, under Section 3/5A/5B/8 of U.P. Prevention of Cow Slaughter Act, 1955 and Section 11 of Prevention of Cruelty to Animals Act, 1996, Police Station- Ramkola, District- Kushinagar, till the submission of police report, if any, under Section 173 (2) Cr.P.C., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicant shall make himself available for interrogation by a police officer as and when required; (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 or to any police officer; (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 S.P./S.S.P. concerned.

8. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

9. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

10. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.

11. The application stands disposed of. Order Date :- 4.4.2025 Manish Kr MANISH KUMAR High Court of Judicature at Allahabad

"1. Heard Sri Gaurav Kumar Singh, learned counsel for the applicant, learned A.G.A for the State and perused the record.

2. The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant in Case Crime No. 375 of 2024, under Section 3/5A/5B/8 of U.P. Prevention of Cow Slaughter Act, 1955 and Section 11 of Prevention of Cruelty to Animals Act, 1996, Police Station- Ramkola, District- Kushinagar, during the pendency of trial.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. He next submits that two cows have been recovered from the pickup bolero no. BR01 GE5712 and the owner of the said vehicle was Abdul Mazid and he is named in the first information report. He next submits that after lodging of the instant first information report, Abdul Mazid, owner of the alleged vehicle no. BR01 GE5712 has sold the vehicle to the present applicant, thereafter, applicant moved release application before the court concerned, as such, vehicle was released by order dated 18.10.2024 in favour of the applicant, thereafter, police officials are harassing the applicant in pursuance of the instant first information report. Investigation is going on. There is no evidence to prosecute the applicant in the present case. In case, applicant is granted anticipatory bail, he would not misuse the liberty of bail and would co-operate with the investigation. Applicant has definite apprehension of his arrest by the police.

4. Learned AGA has vehemently opposed the prayer for anticipatory bail of the applicant with the contention that the applicant is not entitled for anticipatory bail as, prima facie, case is made out.

5. Learned A.G.A. granted four week's time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

6. List this case after six weeks.

7. As an interim protection, till the next date of listing fixed for hearing on this application, the applicant is granted anticipatory bail in the aforesaid case crime number. In the event of arrest, the applicant shall be released on interim anticipatory bail on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicant shall make himself available for interrogation by the police officer as and when required; (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 or to any police officer; (iii) The applicant shall not leave India without the previous permission of the Court and if applicant has passport, the same shall be deposited before the S.S.P./S.P./C.P./A.C.P concerned; (iv) The applicant shall not tamper with the evidence during the trial; (v) The applicant shall not pressurize/intimidate the prosecution witness; (vi) The applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

8. In default of any of the conditions, the Investigating Officer/Govt. Advocate/concerned court is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant."

3. Counsel for the applicant contends that the applicant has been falsely implicated in the instant case. At the time of alleged incident the applicant was not the owner of alleged vehicle. The said vehicle was subsequently sold by the erstwhile owner to the applicant. The applicant has no concern with the alleged incident. Further, pursuant to the interim order dated 20.02.2025 the applicant has joined the investigation. The applicant has no criminal antecedents. It is next submitted that the investigation is pending. In case the applicant is granted anticipatory bail, he will not misuse the said liberty.

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

5. Counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report.

6. Having regard to the submissions made by counsel for the applicant, considering the nature of accusations, the criminal antecedents of the applicant and the fact that at the time of alleged incident the applicant was not the owner of alleged vehicle. The said vehicle was subsequently sold by the erstwhile owner to the applicant. Pursuant to interim order dated 20.02.2025 the applicant has joined the investigation. No violation of conditions or misuse of liberty of interim anticipatory bail has been pointed out by learned AGA. Without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report.

7. In the event of arrest, the applicant- Ram Sohil Yadav be released on anticipatory bail in Case Crime No. 375 of 2024, under Section 3/5A/5B/8 of U.P. Prevention of Cow Slaughter Act, 1955 and Section 11 of Prevention of Cruelty to Animals Act, 1996, Police Station- Ramkola, District- Kushinagar, till the submission of police report, if any, under Section 173 (2) Cr.P.C., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicant shall make himself available for interrogation by a police officer as and when required; (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 or to any police officer; (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 S.P./S.S.P. concerned.

8. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

9. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

10. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.

11. The application stands disposed of. Order Date :- 4.4.2025 Manish Kr MANISH KUMAR High Court of Judicature at Allahabad