Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 67407 (ALL)

CHAND v. STATE OF U.P.

BAIL/20701/2025 · 2025-07-20

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:118408 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20701 of 2025 Applicant :- Chand Opposite Party :- State of U.P. Counsel for Applicant :- Mohit Kumar Jaiswal,Nasiruzzaman Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Mohit Kumar Jaiswal, learned counsel for the applicant, Sri Amit Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 58 of 2025, under Sections 223, 352, 351(2) BNS and Section 3/5/8 of Cow Slaughter Act, Police Station- Govind Nagar, District- Mathura, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. It is argued that 35 Kg of beef is alleged to have been foisted on the applicant, however, there is no medical report to indicate that the said beef belonged to the cow progeny. He has further stated that the applicant has a criminal history of 4 cases which stands explained. In two of the cases applicant has been enlarged on bail and copy of bail orders are annexed as Annesure Nos. 4 and 4A to the affidavit accompanying the bail application. One case is under the Gangsters Act and the period of externment has been expired and one case has been instituted at the time of arrest in the instant case. The applicant is languishing in jail since 11.04.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail. 5. Learned A.G.A. has vehemently opposed the bail application. 6. In the case of Prabhakar Tewari Vs. State of U.P. and another, (2020) 11 SCC 648, the Supreme Court has observed that pendency of several criminal cases against an accused by itself cannot be a basis for refusal of bail. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 8. Let the applicant- Chand, who is involved in aforementioned case crime 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Date :- 21.7.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad