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2025 DAILYLAW 113601 (ALL)

BHURA ALIAS CHANDBABU v. STATE OF U.P.

BAIL/47530/2024 · 2025-03-03

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:30430 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47530 of 2024 Applicant :- Bhura Alias Chandbabu Opposite Party :- State of U.P. Counsel for Applicant :- Sujeet Kumar Yadav,Vijay Bahadur Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant and Shri Punit Kumar Singh, learned A.G.A. for the State as well as perused the record. 2. The present bail application has been filed by accused-applicant seeking bail in Case Crime No. 0471 of 2024, under Section 305, 317(2) B.N.S. u/s 4/25 Arms Act and 3/5/8 U.P. Prevention of Cow Slaughter Act, Police Station Harduaganj, District Aligarh. 3. Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this very case crime number. The applicant is languishing in jail since 29.11.2024. The applicant has not been caught from the spot and no cow meat or any other incriminating article is recovered from the possession of the applicant. The co-accused namely Bobby has already been granted bail vide order dated 14.11.2024 passed in Criminal Misc. Bail Application No. 41992 of 2024 by the co- ordinate Bench of this Court. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. 4. Learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. 5. 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. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Bhura Alias Chandbabu, 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 8. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 4.3.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad