Allahabad High Court Denies Bail To Man Accused Of Committing Unnatural Sex With Cows

Accused-Harikishan was arrested in June 2023 after an FIR was lodged against him under Section 377 IPC, alleging that he had been seen committing unnatural acts with the cows.

He moved the instant second bail plea before the High Court, wherein his counsel argued that he was innocent and had been falsely implicated in the present crime.

It was also contended that the informant, in collusion with his supporter, lodged an FIR report after a two-day delay against the applicant in a bid to defeat the present Gram Pradhan and to indirectly target Gram Pradhan as the applicant belongs to the family of the present Gram Pradhan.

It was further submitted that no witness had been examined when the first bail was heard and now, though four witnesses have been examined, none supported the prosecution story; hence, they were declared hostile.

It was also argued that the name of the maker of the alleged video of the suspected incident and the mobile number through which the video went viral was not disclosed either in the FIR or in any of the witness's statements.

Given this, it was prayed that the accused applicant be released on bail.

On the other hand, the AGA, appearing for the state, opposed the prayer for the grant of bail and submitted that the applicant had committed unnatural acts with the cows in the cowshed, which is confirmed by the video footage.

Against this backdrop, a bench of Justice Piyush Agrawal noted that the applicant had committed unnatural acts with the cows in the cowshed, which was confirmed by the video footage and the medical report of the Chief Veterinary Officer.

More particularly, the Court further considered that no new ground had been taken by the applicant's counsel in the instant bail application. Therefore, without expressing any opinion on the merits of the case, the Court denied bail to the accused applicant.

Appearances

Counsel for Applicant: Rama Shankar Mishra

Counsel for Opposite Party: GA

Case title – Harikishan vs. State of U.P 2024 LiveLaw (AB) 527

Case citation: 2024 LiveLaw (AB) 527

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