Sonu v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5492 of 2023 Applicant :- Sonu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- O.P. Tiwari Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri O.P. Tiwari, the learned counsel for the applicant, Sri Jayant Singh Tomar, learned A.G.A.-I for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 431 of 2022, under Sections 379 IPC and Section 3/5/8 of Cow Slaughter Act, Police Station Baghauli, District Hardoi.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 25.10.2022 alleging that the informant's bulls were stolen in the night of 24/25.10.2022 and were slaughtered.

¶4The police claimed to have arrested 7 persons on 02.11.2022 on the basis of information received from a mukhbir. Two of them, Kamlu and Haseen stated in their custodial statement that about one and a half month's ago, they had sold flesh of a cow progeny to some persons, including the applicant.

¶5In the affidavit filed in support of the application, it has been stated that the applicant has been falsely implicated in the present case.

¶6Learned A.G.A. opposing the bail application states that the applicant has long criminal history of similar nature of offences.

¶7A rejoinder affidavit has been filed on behalf of the applicant disclosing his involvement in 34 cases, in 29 of which he has been granted bail, 2 cases stand closed upon expiry of the stipulated period, 2 cases are not related to the applicant and in 1 case, he has not been summoned. Co-accused Kamlu has also been granted bail by means of the order dated 27.02.2023 passed in CRIMINAL MISC. BAIL APPLICATION No. - 2940 of 2023.

¶8Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has been implicated solely on the basis of custodial statement of the co-accused person, who has stated that he had sold some undisclosed quantity of flesh to the applicant about one and a half month's ago and even on this statement no offence under U.P. Prevention of Cow Slaughter Act, 1955 appears to have been made out against the applicant, as purchase of flesh of cow progeny is not an offence under the aforesaid act, I am of the view that the applicant is entitled to be released on bail in the present case.

¶9Accordingly, this bail application stands allowed.

¶10Let the applicant-Sonu 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 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 prateek High Court of Judicature at Allahabad, Lucknow Bench