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2025 DAILYLAW 112356 (ALL)

GOVIND SINGH v. STATE OF U.P.

BAIL/46473/2024 · 2025-02-19

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:24862 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46473 of 2024 Applicant :- Govind Singh Opposite Party :- State of U.P. Counsel for Applicant :- Kamlesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant and Sri V.K. Tiwari, learned A.G.A. for the State-opposite party. 3. The instant bail application under Section 483 B.N.S.S. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 216 of 2024, under Sections 3/5A/5B/8 Cow Slaughter (Prevention) Act and 11 Cruelty of Animals (Prevention) Act, Police Station Chandauli, District Chandauli during the pendency of the trial. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant was not arrested at the spot. The name of the applicant was disclosed by co-accused Satyendra Yadav @ Sonu in the police custody. The said statement insofar as it implicates the applicant is unreliable. The applicant has no concern with the alleged vehicle. There is no evidence to connect the applicant with the offence. No incriminating article was recovered from the possession of the applicant. The criminal history of the applicant has been explained in Paragraph-14 of the affidavit. The applicant is in jail since 24.10.2024 and if he is released on bail, he will not misuse the said liberty. 5. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that the applicant was not arrested at the spot. The name of the applicant was disclosed by co-accused Satyendra Yadav @ Sonu in the police custody. At this stage there is no substantive evidence to connect the applicant with the offence. No incriminating article was recovered from the possession of the applicant. Moreover, the applicant has remained confined for almost four months and after submission of the charge-sheet there is no hope of early conclusion of trial, and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 7. Let the applicant- Govind Singh, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses. 8. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 20.2.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad