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Neutral Citation No. - 2025:AHC:92380 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4681 of 2025 Applicant :- Khichadu Yadav And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Yadvesh Yadav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J.
1. Supplementary affidavit filed today is taken on record.
2. Heard learned counsel for the applicants, Sri Rajesh Kumar Singh, learned AGA for the State-Respondent and perused the record.
3. The present bail application has been filed on behalf of applicants with a prayer to release him on bail in Case Crime No. 114 of 2024, under Sections 3/5A/5B/8 of the U.P. Prevention of Cow Slaughter Act, and Section 11 of Prevention of Cruelty against the Animals Act, Police Station Naugarh, District Chandauli.
4. Learned counsel for the applicants argued that the accused-applicants are innocent and he has been falsely implicated in this case crime number. He submits that the applicant was not apprehended from the spot. Name of applicant surfaced on the basis of statement of accused persons. There is no independent or public witness of the alleged incident. He further submits that co-accused Satendra Yadav and Ashu have already been enlarged on bail by this Court vide orders dated 22.04.2025 passed in Criminal Misc. Bail Application Nos.383 of 2025 and 2527 of 2025. He has one case of criminal history which has sufficiently been explained. Applicant No. 1 is languishing in jail since 08.12.2024 and the Applicant Nos. 2 & 3 are languishing in jail since 21.12.2024. He further submits that there is no likelihood of their fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.
5. Learned AGA has vehemently opposed, but could not dispute the submissions which has been raised by
learned counsel for the applicants.
6. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction 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.
7. Accordingly, the bail application is allowed.
8. Let the accused-applicants, Khichadu Yadav, Mohan Yadav and Ramjag @ Beera, 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: i. The applicants will not tamper with the evidence. ii. The applicants will not indulge in any criminal activity. iii. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless their personal appearance are exempted through counsel by the court concerned.
9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail.
Order Date :- 27.5.2025 Mini Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad