Sonu Gautam v. State of U.P

Heard learned counsel for the applicant, the learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with a prayer to release the applicant on bail during the trial in Case Crime No. 136 of 2024, under Section 3/5A/5B/8 of U.P. Prevention of Cow Slaughter Act, Section 11 of Prevention of Cruelty to Animals Act and Section 429 I.P.C., P.S. Chandauli, District-Chandauli. It is submitted by learned counsel for the applicant that similarly placed co-accused Seraj Ansari has already been enlarged on bail by this Court, vide order dated 30.8.2024 passed in Criminal Misc. Bail Application no. 26490 of 2024. He further submits that since the role of the applicant is identical to that of Seraj Ansari who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. He also submits that the applicant has no criminal history to his credit and he is a law abiding citizen and is languishing in jail since 12.6.2024 and in case, he is granted bail, he will not misuse the liberty and would co-operate in the trial proceedings.

The prayer for bail has vehemently been opposed by learned A.G.A. However, the aforesaid factual aspect of the matter has not been disputed by him. Having heard the learned counsel for the parties and after perusal of record, it transpires that similarly placed co-accused has already been enlarged on bail, couple with the fact that applicant has no criminal history and is languishing in jail since 12.6.2024 and he has undertaken that he will not misuse the liberty of bail. Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India, this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity.

Let the applicant Sonu Gautam involved in the aforementioned 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:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) 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. He 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; (3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; (4) 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, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code.

The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. FAREEDUL HASAN FAREEDUL HASAN High Court of Judicature at Allahabad High Court of Judicature at Allahabad Order Date :- 3.9.2024/Faridul