Allahabad High Court
MITHUN LONAversusSTATE OF U.P.
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The bail application is allowed, and the applicant is released on bail subject to conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of Mithun Lona, who was in custody for alleged violations of the U.P. Prevention of Cow Slaughter Act, 1955 (Sections 3, 5A, 8) and the Animal Cruelty (Prevention) Act, 1960 (Section 11). The applicant contended that he was falsely implicated, not named in the FIR, and that no incriminating material was recovered from him, with the only link being a co-accused's statement. The State opposed bail but could not refute these factual assertions. The Court noted the seriousness of the accusations, the potential for witness tampering, and the existence of a prima facie case, yet found no compelling reason to deny bail. Consequently, the Court granted bail subject to a personal bond, two sureties, and conditions prohibiting evidence tampering, criminal activity, intimidation of witnesses, and mandating regular court appearances.
Issues considered
- Whether the applicant is entitled to bail despite the seriousness of the offences under the Cow Slaughter Act and Animal Cruelty Act.
- Whether there is a prima facie case and a risk of tampering with evidence or witnesses that would justify denial of bail.
Legislation cited
- Animal Cruelty (Prevention) Act — s. 11
- Bharatiya Nagarik Suraksha Sanhita — s. 483
- U.P. Prevention of Cow Slaughter Act — s. 3, 5A, 8
Subjects
- bail
- criminal procedure
- cow slaughter
- animal cruelty
- prima facie case
- evidence tampering
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 6080 of 2026
Mithun Lona
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Virendra Kumar Shukla
Counsel for Opposite Party(s) : G.A.
Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.
Learned counsel for the applicant is permitted to make necessary correction
in the memo of the bail application during the course of the day.
Heard Shri Virendra Kumar Shukla, learned counsel for the applicant and
Shri Arimardan Yadav, 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, Mithun Lona,
seeking enlargement on bail in Case Crime No. 178 of 2024, under Sections
3/5A /8 of the U.P. Prevention of Cow Slaughter Act, 1955, Section 11 of
Animal Cruelty (Prevention) Act, 1960, Police Station-Maharaj Ganj,
District-Jaunpur.
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 03.07.2025. Learned counsel for the
applicant submits that neither the applicant was named in the First
Information Report nor was arrested from the spot nor any incriminating
material has been recovered from the applicant. Name of the applicant has
been surfaced in the statement of the co-accused Fatte. It has been further
stated recovery shown from the alleged vehicle of 7 live progenies. There is
no independent witness of the aforesaid recovery. Criminal antecedents of
four cases has been properly explained and there is no likelihood of his
fleeing from course of justice or tampering with evidence in case of release
BAIL No. 6080 of 2026
2
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.
Accordingly, the bail application is allowed.
Let the accused-applicant, Mithun Lona, 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:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and
co-operate in the trial.
4. 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.
(Ashutosh Srivastava,J.)
March 19, 2026
Deepak/
Digitally signed by :-
DEEPAK KUMAR KUSHWAHA
High Court of Judicature at Allahabad
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