Balchandra v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48063 of 2023 Applicant :- Balchandra Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Shukla Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the applicant, learned AGA and perused the record.

¶2In terms of the FIR in question, it was recorded that applicant was involved in an offence under Cow Slaughter Act. Allegation of police party firing was also leveled, although no injury report is shown to any of the police personal. He further submits that criminal history has been properly explained in paragraph 10 of the affidavit accompanying bail application. The applicant is languishing in jail since 7.9.2023.

¶3Learned AGA has opposed the bail application.

¶4Considering the fact that recovery was not made in the presence of any independent witness and no one has sustained any injury, criminal history has been duly explained in paragraph 10 of the affidavit accompanying bail application, In view thereof, the application is allowed.

¶5Let the applicant Balchandra be released on bail in FIR No. 198 of 2023, under sections 419, 420, 307 I.P.C. and section 3/5/8 U.P. Prevention of Cow Slaughter Act, P.S. Hapur, district-Gorakhpur, on his furnishing a personal bond with two sureties of Rs.25,000/- each to the satisfaction of 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 :- 8.11.2023 Faridul High Court of Judicature at Allahabad