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2025 DAILYLAW 35497 (ALL)

KRIPANATH v. STATE OF U.P.

BAIL/12217/2025 · 2025-04-14

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:55071 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12217 of 2025 Applicant :- Kripanath Opposite Party :- State of U.P. Counsel for Applicant :- Yadvesh Yadav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Yadvesh Yadav, learned counsel for the applicant and Shri Mithilesh Kumar, 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-applicant, Kripanath seeking enlargement on bail in Case Crime No. 11 of 2025, under Sections 3/5A/5B of the U.P. Prevention of Cow Slaughter Act, Police Station- Naugarh, District- Chandauli. Learned counsel for the applicant argued that the accused- applicant is innocent and has been falsely implicated in this case crime number. The applicant is languishing in jail since 21.02.2025. Nothing has been recovered from the possession of the applicant. It is further submitted that he has not committed any offence as alleged in the FIR and he was not arrested on the spot. Criminal history of four cases has been explained in paragraph no. 17 of the affidavit filed in support of bail application 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. Learned AGA has vehemently opposed, but could not dispute the aforesaid facts. 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. Accordingly, the bail application is allowed. Let the accused-applicant, Kripanath, 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: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant 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 his bail. Order Date :- 15.4.2025 Mini Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad