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2025 DAILYLAW 161227 (ALL)

CHAND ALI @ CHANDE v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO.

BAIL/8196/2025 · 2025-09-03

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8196 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Anil Kumar Tiwari, the learned counsel for the applicant as well as Sri Avishesh Kumar Singh, the learned A.G.A. for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.132 of 2025, under Sections 3/5A/5B/8 of U.P. Prevention of Cow Slaughter Act, 1955 and 4/25 Arms Act, registered at Police Station Tarun, District Faizabad/Ayodhya. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 02.07.2025 against four persons, including the applicant, stating that on the basis of information received from a mukhbir that a cow progeny was about to be slaughtered in the house of co-accused Mohd. Ali @ Bhuki. A Police party raided the house and found that the accused persons were prepared to slaughter a cow progeny. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person and he has been falsely implicated in the present case. The applicant's involvement in four other criminal cases has been disclosed by filing a supplementary affidavit, in all of which he has been granted bail. 5. The learned counsel for the applicant has submitted that two co-accused persons, namely, Haidar Ali and Shahjahan Begam, have been granted bail by means of orders dated 31.07.2025 and 26.08.2025 passed in Criminal Misc. Bail Application Nos. 7089 of 2025 and 7979 of 2025, respectively. 6. The learned A.G.A. has opposed the bail application and he has submitted that the allegations have been established during investigation and the charge-sheet has been submitted on 06.08.2025. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the police raided a house of co-accused Mohd. Ali @ Bhuki upon Versus Counsel for Applicant(s) : Anil Kumar Tiwari Counsel for Opposite Party(s) : G.A. Chand Ali @ Chande .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. .....Opposite Party(s) information received from a mukhbir that the accused persons were about to slaughter a cow progeny and the police reached there after getting information and yet no slaughter had been committed; that the allegations levelled against all the accused persons are similar in nature and two co-accused persons have already been granted bail and that the applicant is languishing in jail since 02.07.2025 whereas the investigation already stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Chand Ali @ Chande be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: - (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. September 3, 2025 Preeti. BAIL No. 8196 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench