Allowed

Chandani v. State of U.P.

Allahabad HC18 Nov 2022BAIL/50737/2022

Case brief

AI extract

What is this about?

In bail application No. 50737 of 2022, the court granted bail to Chandani in a case under the Cow Slaughter Act and Section 188 IPC. The court imposed conditions regarding witness tampering, cooperation in trial, and abstinence from new crimes.

What did the court decide?

The applicant was released on bail with a personal bond and two sureties, subject to conditions prohibiting tampering with witnesses, seeking adjournments, or engaging in further criminal activity.

Chandani Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 83

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50737 of 2022

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Applicant :- Chandani Opposite Party :- State of U.P. Counsel for Applicant :- Rajat Kumar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Shiv Shanker Prasad,J.

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Supplementary affidavit filed on behalf of the applicant is taken on record.

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Heard learned counsel for the applicant and learned AGA for the State and also perused the material placed on record.

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Applicant- Chandani seeks bail in Case Crime No. 625 of 2022, under Sections 3/5/8 Cow Slaughter Act and Section 188 I.P.C., Police Station- Kotwali, District- Mathura, during the pendency of trial.

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It is submitted by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with the allegation that he was caught red handed while she was selling beef in her home and 20 kg beef was recovered in 20 plastic bags. It is further submitted that there is no independent public witness to support the prosecution case. No incriminating article has been recovered from the possession of the applicant as is alleged by the prosecution. There is no forensic report to establish that alleged recovered meat is beef. There is no prospect of trial being concluded in near future due to heavy dockets. The applicant is a widow lady having four minor children and is languishing in jail since 28.09.2022. Criminal history of one case is shown against the applicant in which police has submitted final report in favour of the applicant and a copy of the said report is annexed as Annexure No.SA-1 to the supplementary affidavit. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Per contra learned A.G.A. has contended that the innocence of the applicant cannot be adjudged at pre trial stage. There is material evidence showing the complicity of the applicant. In case the applicant is released on bail she will misuse the liberty of bail hence he does not deserve any indulgence.

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Without expressing any opinion on the merits, let the applicant-

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Chandani involved in the aforesaid crime be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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

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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, it shall be a ground for cancellation of bail. 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 :- 18.11.2022 Abhishek Singh

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Digitally signed by ABHISHEK SINGH Date: 2022.11.19 10:19:20 IST Reason: Location: High Court of Judicature at Allahabad

Chandani v. State of U.P.

Case brief

What is this about?

What did the court decide?

Chandani v. State of U.P.

Case brief

What is this about?

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