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2025 DAILYLAW 171953 (ALL)

MOHAMMAD LADEN ALIAS CHHOTU v. STATE OF U.P.

BAIL/34354/2025 · 2025-10-27

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34354 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Girish Kumar Gupta, learned counsel for the applicant, Shri Rajesh Kumar Singh, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Mohammad Laden Alias Chhotu, seeking enlargement on bail in Case Crime No. 119 of 2016, under Sections 3/5A/8 Cow Slaughter Act and Section 279 of IPC, Police Station Mirzamurad, District Varanasi, during the pendency of the trial before the Court below. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 6.8.2025. Learned counsel for the applicant submits that two alive animals were recovered during interception. No meat or any slaughtering weapon has been recovered from the possession or pointing out of the applicant. He has 07 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. stalled Learned AGA has vehemently opposed the prayer for bail. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of Versus Counsel for Applicant(s) : Girish Kumar Gupta, Santosh Kumar Sharma Counsel for Opposite Party(s) : G.A. Mohammad Laden Alias Chhotu .....Applicant(s) State of U.P. .....Opposite Party(s) 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. Accordingly, the bail application is allowed. Let the accused-applicant, Mohammad Laden Alias Chhotu, 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: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. 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. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. October 28, 2025 Ravi Prakash BAIL No. 34354 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad