An accused is entitled to be released on bail if there is no satisfactory evidence against him and he has no criminal history.

Court No. - 75

Case :- CRIMINAL MISC. BAIL APPLICATION No. -

57855 of 2022

Applicant :- Sonu

Opposite Party :- State of U.P.

Counsel for Applicant :- Sandeep Tripathi

Counsel for Opposite Party :- G.A.

Hon'ble Vivek Varma,J.

Supplementary affidavit filed today is taken on record.

Heard learned Counsel for the applicant and learned

A.G.A. for the State.

The instant bail application under Section 439 Cr.P.C. has

been filed with the prayer to enlarge the applicant on bail

in Case Crime No.341 of 2022, under Sections 3/5/8 of

U.P. Cow Slaughter (Prevention) Act, Police Station

Thana Bhawan, District Shamli during the pendency of

the trial.

It is contended by learned counsel for the applicant that

applicant has been falsely implicated in the instant case.

The applicant was not named in the First Information

Report. The applicant was arrested on 6.9.2022 along

with two other persons and has been implicated in the

instant case. Except the confessional statement of the

applicant in police custody, there is no evidence on

record. It is next contended that the two accused namely

Jisan and Farman who were arrested along with

applicant, have been granted bail by this Court, vide

orders dated 19.12.2022 and 20.12.2022 passed in

Criminal Misc. Bail Applications No.58047 and 58368 of

2022 respectively. Prior to the instant case, the applicant

does not have criminal history, however, after his arrest,

he has been implicated in other cases. The applicant is in

jail since 6.9.2022. In case, he is enlarged on bail, he will

not misuse his liberty of bail.

Learned A.G.A. has opposed the prayer for bail but could

not satisfactorily dispute the aforesaid submissions from

the record.

Having regard to the submissions made but without

commenting on merits of the case, I am of the opinion that

the applicant is entitled to be enlarged on bail.

Let the applicant, Sonu involved in the aforesaid case be

released on bail on his furnishing a personal bond and

two sureties each of the like amount to the satisfaction of

court concerned on the following conditions that:

1. the applicant shall not temper with the prosecution

evidence;

2. the applicant shall not pressurize the prosecution

witness;

3. the applicant shall appear on each and every date fixed

by the trial court.;

In case of breach of any of the above conditions, the

prosecution shall be at liberty to move bail cancellation

application before this Court.

Order Date :- 11.1.2023

Rishabh

Digitally signed by :-

RISHABH KUMAR

High Court of Judicature at Allahabad