Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 173681 (ALL)

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

BAIL/10732/2025 · 2025-11-07

Karunesh Singh Pawar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10732 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record. 2. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. False recovery of 15 kg beef is alleged to have been recovered from the possession of the applicant as there is no independent witness either to the arrest of the applicant or to the recovery of the beef. He further submits that the offences are triable by the Magistrate. The applicant has no previous criminal antecedents and he is languishing in jail since 18.09.2025. 3. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 4. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 5. Considering the facts and circumstances of the case, and also considering the nature of allegations, arguments advanced by learned counsel for the parties, the fact there is no independent witness to the said recovery; considering the period for which the applicant is in jail i.e. since 18.09.2025; as also the fact that the applicant has no previous criminal history and the applicant undertakes to co-operate in the investigation and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. 6. Accordingly, the bail application is allowed. Versus Counsel for Applicant(s) : Manoj Kumar Yadav Counsel for Opposite Party(s) : G.A. Sonu Khan .....Applicant(s) State Of U.P Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) 7. Let the applicant Sonu Khan, involved in Case Crime/FIR No. 82 of 2025, Under Sections- 3/5/8 of the Prevention of Cow Slaughter Act, B.N.S., Police Station- Maharajganj Tarai, District- Balrampur, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (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 in accordance with law. (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 IPC (now Section 209 of BNS). 8. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. November 7, 2025 DiVYa BAIL No. 10732 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench