Court No. - 75

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55093 of 2022

Applicant :- Chhotan @ Pravej

Opposite Party :- State of U.P.

Counsel for Applicant :- Mohd. Kalim,Mary Puncha (Sheeb Jose)

Counsel for Opposite Party :- G.A.

Hon'ble Vivek Varma,J.

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 a

prayer to enlarge the applicant on bail in Case Crime No. 558 of 2022, under

Section 3/5/8 Cow Slaughter Act, Police Station- Deoband, District- Saharanpur.

It is contended that the applicant has been falsely implicated in the present case.

No recovery as alleged in the first information report was made from the

applicant. There is no independent witness to the alleged recovery. It is next

contended that the co-accused Faizan who was arrested along with the applicant

has been granted bail by this Court in Criminal Misc. Bail Application No.

52671 of 2022 on 22.11.2022. The criminal history of the applicant has been

explained in para 14 of the bail application and in para 5 of the supplementary

affidavit. In all the cases the applicant has been granted bail by the court

concerned. The applicant is in jail since 27.8.2022. In case, he is enlarged on

bail, he will not misuse the 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, Chhotan @ Pravej involved in the aforesaid case be released

on bail on his furnishing a personal bond and two local 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 :- 19.1.2023

S.S.

Digitally signed by :-

SIDDHARTH SRIVASTAVA

High Court of Judicature at Allahabad