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2025 DAILYLAW 68229 (ALL)

MUKESH PANDEY ALIAS RAJAN v. STATE OF U.P.

BAIL/21630/2025 · 2025-06-30

Sanjay Kumar Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:101176 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21630 of 2025 Applicant :- Mukesh Pandey Alias Rajan Opposite Party :- State of U.P. Counsel for Applicant :- Anjani Kumar Dubey,Deepak Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant and learned Additional Government Advocate representing the State. The instant bail application has been preferred by the applicant with a prayer to release him on bail in Case Crime No. 130 of 2025, under Sections 3/5A/8 and 5B of the Uttar Pradesh Prevention of Cow Slaughter Act, police station Saiyadraja, district Chandauli, during the pendency of the trial. It is contended by learned counsel for the applicant that as per the prosecution case a first information report was lodged on 27.05.2025 for the alleged offence under Sections 3/5A/8 and 5B of the Uttar Pradesh Prevention of Cow Slaughter Act against Manoj Kumar Gupta, Mukesh Pandey (applicant), Pankaj Tiwari and Krishna Nand Tiwari. Co- accused Krishna Nand Tiwari, who was driver of the vehicle at the relevant point of time, has been granted bail by the Co-ordinate Bench of this Court vide order dated 26.06.2025 in Criminal Misc. Bail Application No. 22062 of 2025. The case of the applicant, who was conductor of the vehicle, stands on identical footing to that of co-accused Krishna Nand Tiwari. Hence the applicant is also entitled for bail on the ground of parity. The applicant has criminal history of one case, in which this Court has granted interim protection to him, averment in this regard has been made in paragraph No. 19 of the affidavit filed in support of the bail application. Lastly, it is submitted by the learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 27.05.2025 and in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial. Per contra, learned Additional Government Advocate representing the State opposed the prayer for bail of the applicant but could not dispute the above factual aspect of the matter as argued on behalf of the applicant. Having heard learned counsel for the parties and examined the matter in its entirety, I find substance in the submission of learned counsel for the applicant that Co-accused Krishna Nand Tiwari under similar accusation has been granted bail. Considering the facts and circumstances of the case as well as keeping in view the nature of the accusation, severity of punishment, evidence, complicity of the accused, this Court is of the opinion that the applicant has made out a case for bail on the ground of parity. Hence, the bail application is hereby allowed. Let the applicant-Mukesh Pandey alias Rajan, be released on bail in the aforesaid case crime number on 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) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That 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. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. Order Date :- 1.7.2025 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad