Suhail v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48290 of 2023 Applicant :- Suhail Opposite Party :- State of U.P. Counsel for Applicant :- Shivakant Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

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

¶2Learned counsel for the applicant argues that the applicant is innocent and has been falsely implicated. The recovery is not in the presence of any independent witness. The applicant is in custody since 26.10.2023. The applicant has no criminal antecedent. Co-accused has been enlarged on bail vide order dated

03.04.2023.

¶3Learned AGA has opposed the bail application.

¶4Considering the fact that the applicant is in custody since 26.10.2023 and the recovery is not in the presence of any independent witness coupled with the fact that the co-accused has been enlarged on bail, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed.

¶5Let the applicant Suhail be released on bail in FIR No.23 of 2023, under Section 3/5/8 of U.P. Prevention of Cow Slaughter Act, P.S. Kalyanpur, District Fatehpur 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 :- 9.11.2023 nishant High Court of Judicature at Allahabad