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2025 DAILYLAW 91859 (ALL)

HOSILA CHAUHAN ALIAS SAROJ v. STATE OF U.P.

NABAIL/7454/2025 · 2025-09-10

Vivek Varma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7454 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 2. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 11 of 2025, under Sections 3/5A/5B/8 Prevention of Cow Slaughter Act and Section 11 Prevention of Cruelty to Animals Act, Police Station Naugarh, District Chandauli. 3. Counsel for the applicant contends that the applicant has been falsely implicated in the present case. The name of the applicant was disclosed by the co-accused Kripanath and Niranjan, who were apprehended at the spot. The said statements, insofar as they implicate the applicant, are unreliable. False recovery of 45 live cows has been shown. There is no independent witness to the alleged recovery. At this stage there is no credible evidence to link the applicant with the offence. Investigation has been completed. Charge sheet has been submitted. The applicant had co-operated in the investigation. The applicant has been summoned by the concerned court. No custodial interrogation is required. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail till conclusion of trial, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. Versus Counsel for Applicant(s) : G.A., Yadvesh Yadav Counsel for Opposite Party(s) : Hosila Chauhan Alias Saroj .....Applicant(s) State of U.P. .....Opposite Party(s) 5. Having regard to the submissions made, considering the nature of accusations and antecedents of the applicant, in particular the fact, that the name of the applicant was disclosed by the co-accused Kripanath and Niranjan, who were apprehended at the spot; there is no independent witness to the alleged recovery; at this stage, there is no substantive evidence to link the applicant with the offence; charge sheet has been submitted, the applicant had co-operated in the investigation, no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled for anticipatory bail. 6. 6. In the event of arrest, the applicant Hosila Chauhan @ Saroj, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) the applicant shall make himself available on each date fixed in the matter by the court concerned; (ii) 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 from disclosing such facts to the Court; (iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the concerned court. 7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. September 11, 2025 Lbm/- NABAIL No. 7454 of 2025 2 (Vivek Varma,J.) Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad