Rajesh Pandey Vs State of U.P.

Neutral Citation No. - 2025:AHC:55632

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12307 of 2025

Applicant :- Rajesh Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Singh Baish Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Heard Shri Rajesh Singh Baish, learned counsel for the applicant, Shri Mithlesh Kumar, learned AGA for the State-respondents and perused the record.

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This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accusedapplicant, Rajesh Pandey, seeking enlargement on bail in Case Crime No. 13 of 2025, under Sections 3/5A/5B/8 Cow Slaughter Act, Police Station Iliya, District Chandauli.

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Learned counsel for the applicant argued that the accusedapplicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 25.2.2025. Learned counsel for the applicant submits that applicant is the owner of the vehicle. There is allegation of transportation of animal has been levelled against the applicant. One alive cow was recovered from the vehicle at the time of interception by the Police Party. Learned counsel for the applicant submits that similarly circumstanced co-accused Umesh Paswan, who is driver of the vehicle, has already been enlarged on bail by this Court on 10.4.2025 in Criminal Misc. Bail Application No. 11688 of 2025. He has two cases of criminal antecedent, which have sufficiently been explained and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.

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Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but submits that similarly circumstanced aforesaid coaccused has already been granted bail by this Court.

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Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction

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and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.

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Accordingly, the bail application is allowed .

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Let the accused-applicant, Rajesh Pandey , involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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Order Date :- 16.4.2025 Ravi Prakash

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(Ashutosh Srivastava, J.)

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Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad

Rajesh Pandey v. State of U.P.

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