Nihal v. State of U.P. Thru. Prin. Secy., Home Deptt., Lucknow

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12677 of 2023 Applicant :- Nihal Opposite Party :- State Of U.P. Thru. Prin. Secy., Home Deptt., Lucknow Counsel for Applicant :- Neeta Singh Chandel Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Ms. Neeta Singh Chandel, the learned counsel for the applicant as well as Sri Anant Pratap Singh, the learned A.G.A. for the State and perused the record.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 164 of 2023, under Section 379 I.P.C. and Section 3/5/8 of Uttar Pradesh Prevention of Cow Slaughter Act, 1955 and Section 3/25 of Arms Act, registered at Police Station Auras, District Unnao.

¶3The aforesaid case has been registered on the basis of F.I.R. lodged on

07.08.2023 alleging that some unidentified miscreants had stolen the informant's bullocks and had slaughtered them.

¶4In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has falsely been implicated in the present case on the basis of information received from a mukhbir. The applicant's involvement in seven other cases has been disclosed in Para 10 of the affidavit and in 6 of which he has already been granted bail.

¶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 applicant is not named in the F.I.R and the applicant has been implicated in the present case solely on the basis of information received from a mukhbir, coupled with the fact that the applicant is a young man having no criminal history and he is languishing in jail since

15.08.2023 and without making any observations which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail.

¶7Accordingly, this bail application stands allowed.

¶8Let the applicant-Nihal 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 :- 30.10.2023 Preeti. High Court of Judicature at Allahabad, Lucknow Bench