Allowed

Chhotkali @ Khusbuddin v. State of U.P.

Allahabad HC4 Dec 2021BAIL/42479/2021

Case brief

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What is this about?

Criminal Misc. Bail Application No. 42479 of 2021 filed in Court No. - 66. Applicant sought bail in a criminal case involving charges under IPC Sec. 307 and state acts. Court granted bail on personal bond and sureties with specific conditions.

What did the court decide?

Bail granted on personal bond and two sureties subject to conditions regarding evidence tampering, trial cooperation, and future conduct.

Chhotkali @ Khusbuddin Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42479 of 2021

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Applicant :- Chhotkali @ Khusbuddin Opposite Party :- State of U.P. Counsel for Applicant :- Vijai Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Saumitra Dayal Singh,J.

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Heard Shri Vijai Kumar Tripathi, learned counsel for the applicant and learned AGA for the State.

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The instant bail application has been filed on behalf of the applicant - Chhotkali @ Khusbuddin with a prayer to release him on bail in Case Crime No. 82 of 2020, under Section - 307 I.P.C., Section 3/5A/8 U.P. Prevention of Cow Slaughter Act, 1955 and Section 11 Prevention of Cruelty to Animals Act, 1960, Police Station - Kubersthan, District - Kushinagar , during pendency of trial.

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Having heard learned counsel for the parties, at present:

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(i) against FIR lodged on 16.5.2020, the applicant is in confinement since 30.6.2021;

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(ii) the applicant claims to have cooperated in the investigation;

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(iii) criminal history of the applicant has been explained;

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(iv) though investigation is pending against yet at present no justifiable cause has been shown to continue the detention of the applicant for an indefinite period;

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(v) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant, the applicant has been falsely implicated. Arising from one recovery, other cases have also emerged against the applicant. Co-accused Khurshed has already been enlarged on bail by this

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Court in Criminal Misc. Bail Application No. 15163 of 2021 vide order dated 26.3.2021.

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(vi) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness.

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In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-

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(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.

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(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case, of breach of any of the above conditions, the bail being granted shall be cancelled.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 4.12.2021 Prakhar

Chhotkali @ Khusbuddin v. State of U.P.

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Chhotkali @ Khusbuddin v. State of U.P.

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