Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40400 of 2019 Applicant :- Vishal Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Navaneet Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
According to the prosecution case on 2.9.2019 at 5.30 hours the applicant was apprehended by the police, while he was taking animals in a truck for slaughtering. Learned counsel for the applicant contended that the applicant is a driver of the truck. He was taking the animals to Dildar Nagar Pashu Mela. He was not transporting animals for the purpose of slaughtering. False allegation has been made against the applicant. It has been further contended that out of recovered animals 18 cows were milk cows and rest were newly born calves. There is no legal evidence on record to show that the applicant was transporting animals for slaughtering. No offence is made out against the applicant. There is no criminal history of the applicant and is in jail since 3.9.20019.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Vishal Yadav involved in Case Crime No.108 of 2019, under Section 3/5A/8 of U.P. Prevention of Cow Slaughter Act and 11 Prevention of Cruelty to Animals Act and 429 I.P.C. Police Station Gahmar District Ghazipur 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 with the following conditions;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 30.9.2019/Gss