Raju @ Israr v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44704 of 2023 Applicant :- Raju @ Israr Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Mishra,Sanjay Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

¶2The FIR in question was lodged against seven named persons and four unknown persons, who are said to be carried out the offences including the offence under Section 3/11 of the Prevention of Animal Cruelty Act.

¶3The Counsel for the applicant argues that one of the co-accused against whom similar allegations have been levelled, has been enlarged on bail by this Court vide order dated 12.10.2023. Although the applicant was not named in the FIR and his name came up in the statement of co-accused.

¶4Learned A.G.A. vehemently opposed the bail prayer.

¶5Considering the nature of allegations levelled against the applicant and without there being any specific allegations against the applicant with regard to the commission of offence against the applicant coupled with the fact that the applicant has no criminal antecedents and in custody since 10.09.2023, I am of the view that the applicant is entitled to be released on bail.

¶6Accordingly, the bail application is allowed.

¶7Let the applicant Raju @ Israr be released on bail in FIR/ Case Crime No.484 of 2023, under Sections 269, 270, 272, 273, 332, 353, 429, 307, 34, 120B IPC and Section 3/11 of the Animals Cruelty Act, Police Station Deoband, District Saharanpur on his furnishing personal bonds and two reliable sureties of Rs.25,000/- each to the satisfaction of the court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) 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. Order Date :- 31.10.2023 akverma High Court of Judicature at Allahabad