Friday, February 3, 2023

Allahabad High Court grants bail to man accused under anti-Cow Slaughter Act

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The Allahabad High Court has granted conditional bail to Ramakant Yadav, who is accused of cheating, animal cruelty and under the anti-Cow Slaughter Act.

A single-judge bench of Justice Deepak Verma passed this order while hearing a Criminal Misc Bail Application filed by Ramakant Yadav.

The bail application has been filed on behalf of the applicant with a prayer to release him on bail in case under Sections 420, 467, 468, 471 IPC and Section 3/5A/8 of UP Prevention of Cow Slaughter Act, and Section 11 Prevention of Cruelty to Animals Act, 1960, PS Tarwa, District Azamgarh during pendency of trial.

It is argued by the counsel for the applicant that applicant is innocent and has been falsely implicated in the case due to enmity; as per FIR, four cows and four calves were alleged to have been recovered from the possession of the applicant; there is no independent or public witness of the alleged recovery. The applicant is the driver of the vehicle.

It is submitted that no offence under U.P Prevention of Cow Slaughter Act, 1955 has been committed by him warranting punishment under the aforesaid Act. The applicant has no criminal history. Moreover, there is no prospect of a trial of the case being concluded in near future. The applicant is languishing in jail since 25.06.2022 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.

The Additional Government Advocate opposed the bail prayer of the applicant.

“Considering the entire facts and circumstances of the case, submissions of the counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and larger mandate on the Article 21 of the Constitution of India, laid in Satendra Kumar Antil Vs CBI & Another, passed in SLP(Crl.) No 5191 of 2021, the Court is of the view that the applicant has made out a case for bail,” the Court observed while allowing the bail application.

The Court ordered,

Let the applicant, Ramakant Yadav, who is 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 subject to following conditions. Further, before issuing the release order, the sureties are verified.

  1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
  2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
  3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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