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2025 DAILYLAW 150717 (ALL)

BHURA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/6468/2025 · 2025-07-16

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:40521 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6468 of 2025 Applicant :- Bhura Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Dharmendra Bahadur Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No.74 of 2024 under Section 3/5K/8 Prevention of Cow Slaughter Act, Polcie Station Ajgain, District Unnao. It is alleged in the prosecution case that on 16.3.2024 while Sub-Inspector Gyan Singh was on duty with his companions at Munshiganj Tiraha, he received information from a secret informer that some people were loading bovine animals on the DCM near the forest of village Chheda. Believing the information, on the indication of the informant, he reached the DCM standing near the forest of village Chheda and saw that 9-10 people were catching and pulling the bovine animals and loading them on the DCM. 10 people were caught on the spot. Learned counsel for the applicant submits that the applicant is not named in the First Information Report. His name has surfaced only in the confessional statement of the co-accused, and he was not arrested from the spot. It is further submitted that the applicant has explained the criminal history of five cases in paragraph 13 of the bail application. The offence alleged is triable by a Magistrate, and the applicant is in judicial custody since 13.12.2024. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the facts that the applicant is in jail since 13.12.2024; the offence is triable by a Magistrate; the applicant is not named in the First Information Report and his name has surfaced only in the confessional statement of a co-accused; and that the applicant has explained the criminal history of five cases in the bail application, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed. Let the applicant Bhura be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions: (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the IPC (now Section 269 BNS). (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS)is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the IPC (now Section 209 BNS). Order Date :- 16.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench