CHOTU YADAV @ ADARSH KUMAR YADAV v. STATE OF U.P. AND ANOTHER
NABAIL/7539/2025 · 2025-09-14
Vivek Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 95412 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 95412 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7539 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J.
1. Heard learned counsel for the applicant and Sri Shashank Shekhar Pandey, learned AGA for the State- opposite party, and perused the material available on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 89 of 2025, under Sections 3, 5A, 8 U.P. Prevention of Cow Slaughter Act, 1955, 11 Prevention of Animal Cruelty Act, 1960 and 325 B.N.S., Police Station Chitbadagaon, District Ballia. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The name of the applicant was disclosed by co-accused Afzal Ansari in the police custody. The said statement, insofar as it implicates the applicant, is unreliable. False recovery of four live cows and three dead cows has been shown from a Pick-up vehicle. There is no independent witness to the alleged recovery. During the course of investigation the applicant was granted protection till the cognizance is taken on the police report, by this Court vide order dated 17.06.2025 passed in Criminal Misc. Writ Petition No. 12701 of 2025, Chhotu Yadav @ Adarsh Kumar Yadav and another v. State of U.P. and others. Investigation has been completed. Charge-sheet has been submitted. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has been summoned by the court concerned. The criminal history of the applicant has been explained in Paragraph-27 of the affidavit. The applicant has apprehension of his arrest in the above mentioned case. In case he is granted anticipatory bail, he will not misuse Versus Counsel for Applicant(s) : Sitaram Yadav Counsel for Opposite Party(s) : G.A. Chotu Yadav @ Adarsh Kumar Yadav .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
the said liberty. 4. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5.
Having regard to the submissions made, considering the nature of accusations and antecedents of the applicant and, in particular, the facts that the name of the applicant was disclosed by co-accused Afzal Ansari in the police custody; there is no independent witness to the alleged recovery; during the course of investigation the applicant was granted protection till the cognizance is taken on the police report; investigation has been completed; the applicant had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant- Chotu Yadav @ Adarsh Kumar Yadav, 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 and every 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. Further, 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 15, 2025 SKT/- NABAIL No. 7539 of 2025 2 (Vivek Varma,J.) Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad