Sandeep Pandey @ Jhurri v. State of U.P. Thru. Prin. Secy. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12485 of 2023 Applicant :- Sandeep Pandey @ Jhurri Opposite Party :- State Of U.P. Thru. Prin. Secy. Lko. Counsel for Applicant :- Raghvendra Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Raghvendra Singh, the learned counsel for the applicant as well as Sri Akhilesh Kumar Vyas, the learned A.G.A. for the State and perused the record.

¶2This is the second bail application seeking release of the applicant on bail in Case Crime No. 148 of 2020, under Section 307, 354, 429, 324 I.P.C. and Section 11 of Animal Cruelty Act, registered at Police Station Machhrehta, District Sitapur. The first bail application was rejected by means of an order dated

24.03.2023.

¶3The second bail application has been filed on the ground that the trial court has already recorded statement of the informant and he has been declared to be hostile. Nothing adverse to the applicant has came to light even in his cross-examination by the public prosecutor.

¶4The victim has also been examined by the trial court.

¶5The learned A.G.A. has opposed the prayer of the bail, but he could not dispute the aforesaid aspects of the matter.

¶6Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant has turned hostile and the victim has also been examined by the trial court; that the applicant is languishing in jail since

18.07.2020 and in case of his release, he will not be in a position to influence the victim whose statement has already been recorded by the trail court and without making any observations which may affect the merits of the case, I am of the view that the applicant is also entitled to be released on bail.

¶7Accordingly, this bail application stands allowed.

¶8Let the applicant-Sandeep Pandey @ Jhurri be released on bail in the aforesaid case, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: -

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. (Subhash Vidyarthi,J.) Order Date :- 19.10.2023 Preeti. High Court of Judicature at Allahabad, Lucknow Bench