KRISHNA GUPTA v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO.
BAIL/6595/2025 · 2025-07-18
Karunesh Singh Pawar
body2025
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[ 2025 DAILYLAW 152016 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 152016 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:41302 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6595 of 2025 Applicant :- Krishna Gupta Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. Counsel for Applicant :- Dinesh Kumar,Keshav Ram Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 0049 of 2025, under sections 3/5A/8 of the Prevention of Cow Slaughter Act and Section 11 Gha and 11 Cha of the Prevention of Cruelty to Animal Act,1960, Police Station-Bewana, District-Ambedkar Nagar. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. She added that though the applicant is named in the first information report,but, there is no cogent piece of evidence against him. She further submitted that the live cow progenies are allegedly recovered from the possession of the applicant including the other accused persons, but, there is no evidence that those were being carried out for slaughtering. She submits that the applicant is a law abiding citizen and he has no criminal history. He is languishing in jail since 05-05-2025. Further submitted that the applicant undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. It is further submitted that co-accused Mohammad Cash has been granted bail by Coordinate Bench of this court vide order dated 23.6.2025 passed in Criminal Misc. Bail Application No.5529 of 2025. He seeks parity with the bail order of co-accused. Per contra, learned AGA appearing for the State although has opposed the contentions aforesaid but could not dispute that it is a case of parity.
Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicant is languishing in jail since 05-05-2025; the applicant seeks parity with the bail order of co- accused, named above; no incriminating articles are recovered from the possession of the applicant coupled with the fact that the applicant has undertaken that if he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. Accordingly, the bail application is allowed on the ground of parity. Let the applicant Krishna Gupta 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 :- 18.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench