Allowed

Bulande v. State of U.P. Thru Prin.Secy. Home

Allahabad HC18 Jan 2022/15552/2021

Case brief

AI extract

What is this about?

The High Court ordered bail for the applicant, Bulande, in a criminal matter involving rioting and cow slaughter allegations. The court found the applicant fit for release due to parity with co-accused already on bail and noted no police injuries, granting bail subject to standard conditions.

What did the court decide?

Release on bail with personal bond and two sureties, subject to conditions against tampering with evidence, intimidating witnesses, and ensuring court attendance.

Bulande Vs State of U.P. Thru Prin.Secy. Home — Bail and Remand | Allahabad HC (2022)

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Court No. - 13

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15552 of 2021

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Applicant :- Bulande Opposite Party :- State Of U.P. Thru Prin.Secy. Home Counsel for Applicant :- Sarjoo Ram,Aklavya,Gayatri Abhyasi,Pankaj Prasoon Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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Learned counsel for the applicant submits that it is the case of no injury as no police party has suffered injuries. The applicant has no criminal history. The co-accused, Mohd. Raouf, Aqeel, Seraj @ Babbu, Nawab Ali @ Jhakkar, Irshad,, Rizwan, Jeetu and two others, Usman, have already been enlarged on bail by coordinate benches of this Court, copies of bail orders are annexed as Annexure No.3 to affidavit in support of the bail application. Learned counsel for the applicant seeks parity to the bail orders of aforesaid co-accused persons. The applicant is in jail since. 29.09.2021.

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It is lastly submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as stated by learned counsel for the applicant.

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Considering the facts and circumstances of the case, and also considering the facts that the applicant is in jail since 29.09.2021, charge sheet in the case has been filed, aforesaid co-accused have already been enlarged on bail and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, bail application is allowed .

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Let the applicant, Bulande, involved in Case Crime No.227 of 2021, under Sections 147, 148, 149, 307, 120-B Indian Penal Code and Sections 3, 5, 8 of U.P. Prevention of Cow Slaughter Act, 1955 and 11 of Prevention of Cruelty to Animals Act, 1960, Police Station - Aspur Devsara, District - Pratapgarh, 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 which are being imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as

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to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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Order Date :- 18.1.2022 KR

Bulande v. State of U.P. Thru Prin.Secy. Home

Case brief

What is this about?

What did the court decide?

Bulande v. State of U.P. Thru Prin.Secy. Home

Case brief

What is this about?

What did the court decide?

What the court decided

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