The High Court granted bail to Sachin and Anuruddha Kumar under Sections 420, 467, 468, 471 IPC and Cow Slaughter Act, directing furnishing of personal bond and local sureties with conditions to not tamper with evidence.
Released on bail on furnishing personal bond and two local sureties each.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35132 of 2020
Applicant :- Sachin And Another Opposite Party :- State of U.P. Counsel for Applicant :- P.K. Singh,Manoj Kumar Patel,Raghvendra Prakash Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicants and Sri Sunil Katiyar, learned AGA for the State and perused the material placed on record.
It is contended by the learned counsel for the applicants that the applicants are wholly innocent and they have been falsely implicated in the present case. It is further submitted that the applicants are driver and helper(wrongly transcribed as conductor) and they have nothing to do with the alleged recovery. The owner of truck, Brajendra Singh has already been granted bail on 17.10.2020 by the Court below in Case Crime No. 2591 of 2020. The applicants have no criminal history. It is further contended that there are no chances of the applicants of fleeing away from the judicial process or tampering with the prosecution evidence. It is next contended by the learned counsel for the applicants that the applicants are in jail since 03.09.2020 and in case they are enlarged on bail, they will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicants- Sachin and Anuruddha Kumar, involved in case crime No. 259 of 2020, under Sections -420, 467, 468, 471 IPC and 3/5/8 Cow Slaughter Act, police station -Karhal, District -Mainpuri be released on bail on their furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned. It is further provided that this bail order available on the official website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.
This bail order would be subject to the fulfillment of following
conditions:-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 21.1.2021 Sartaj
Digitally signed by Justice Neeraj Tiwari Date: 2021.01.21 17:12:09 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicants entitled to release on bail.
Whether conditions for bail are permissible.
5 provisions across 2 enactments
Sachin And Another
Neeraj Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
