Huteshwaranand v. State of U.P

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33526 of 2025 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, J.

¶1Supplementary affidavit filed today is taken on record.

¶2Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.

¶3Learned counsel for the applicant submits that the applicant is the sole accused who is named in the F.I.R. The allegation against him is that the applicant set fire to burn stubble and due to wind that fire caught his hut in which five cows were tied and for saving those cattle present in that hut the informant's daughter sustained burn injuries and in this incident one cow also died due to burning. The daughter of informant sustained 15% thermal burn injuries and she is out of danger and has been discharged by the doctors after some days of the incident. In the alleged incident two huts caught fire, one of which relates to the informant. The inquiry officer after the incident inquired into the matter and found that it was an accident, therefore, he has recommended for fulfilling of damages and the informant had received compensation of such damage from the State Exchequer under Daiviya Aapda Yojana. Learned counsel further submits that applicant has not committed such offence knowingly and intentionally. He was having no intention to set fire the hut of informant in which cattle were tied. Those huts caught fire accidentally due to flow of wind. Thus, false allegation has been made by the prosecution that he had intentionally set fire the stubble due to which hut of the informant caught fire. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that there are four cases into the credit of applicant in which he is on bail, Versus Counsel for Applicant(s) : Piyush Patel, Pradeep Kumar Counsel for Opposite Party(s) : G.A. Huteshwaranand .....Applicant(s) State of U.P. .....Opposite Party(s) which orders have been annexed in the supplementary affidavit filed today. The applicant is in jail since 01.09.2025.

¶4Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence.

¶5Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed.

¶6Let the applicant-Huteshwaranand, be enlarged on bail in Case Crime No. 505 of 2023, under Sections 429, 436 I.P.C., Police Station-Ghughali, District-Maharajganj, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

i) The applicant shall not tamper with the prosecution evidence.

ii) The applicant shall not threaten or harass the prosecution witnesses.

iii) The applicant shall appear on the date fixed by the trial court.

iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission.

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

¶7In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. September 26, 2025 Mustaqeem. BAIL No. 33526 of 2025 (Dr. Gautam Chowdhary,J.) High Court of Judicature at Allahabad