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Neutral Citation No. - 2025:AHC:29163 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7297 of 2025 Applicant :- Sukhwinder Singh And Another Opposite Party :- State of U.P. Counsel for Applicant :- Kshitij Tiwari Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Kshitij Tiwari, learned counsel for the applicants, Sri R.K. Srivastava, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicants, Sukhwinder Singh and Rajat, seeking enlargement on bail in Case Crime No. 299 of 2024, under Sections 3/5A/5B/8 of Cow Slaughter Act, Section 11 of Prevention of Animal Cruelty Act, Police Station- Alinagar, District- Chandauli.
Learned counsel for the applicants argued that the accused- applicants are innocent. They have been falsely implicated in this very case crime number and are languishing in jail since
05.11.2024. They have no criminal antecedent and there is no likelihood of their fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicants submits that similarly placed co-accused, Pawandeep Puri, has already been enlarged on bail of this Court by order dated 22.01.2025 passed in Criminal Misc. Bail Application No. 45171 of 2024, copy of the bail order produced by learned counsel for the applicant is taken on record. He further submitted that since the role of the applicants is identical to that of co-accused, Pawandeep Puri, who has already been enlarged on bail, they are also entitled to be enlarged on bail on the ground of parity. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. Considering all above 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. Accordingly, the bail application is allowed. Let the accused-applicants, Sukhwinder Singh and Rajat, involved in above mentioned case crime number be released on bail, on their 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:
1. The applicants will not tamper with the evidence.
2. The applicants will not indulge in any criminal activity.
3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicants will appear regularly on each and every date fixed by the trial court, unless their personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail.
Order Date :- 3.3.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad