Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31975 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Hira Lal learned counsel for the applicant and Shri S.K.Rai, learned AGA-Ist 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, Hitlar Sah, seeking enlargement on bail in Case Crime No. 85 of 2025, under Sections 3/5A/8 of the U.P. Prevention of Cow Slaughter Act, 1955, Section 11 of Animal Cruelty (Prevention) Act, 1960, Police Station-Chandauli, District- Chandauli.
Learned counsel for the applicant argued that the accused-applicant is innocent and has been falsely implicated in this case crime number. The applicant is languishing in jail since 20.07.2025. Learned counsel for the applicant submits that a First Information report was lodged by the first informant with the allegation that on an information of the informer the police party apprehended a Tata Magic (without registration number) and recovered a live progeny and arrested the driver of the vehicle namely Azad Sah. Learned counsel for the applicant submits that neither the applicant was arrested from the place on incident nor any incriminating article has been recovered from the possession or pointing out of the applicant. Applicant has been implicated in the present case only because of being owner of the alleged Tata Magic. The applicant has no criminal antecedents 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. Versus Counsel for Applicant(s) : Hiralal Counsel for Opposite Party(s) : G.A. Hitlar Sah .....Applicant(s) State of U.P. .....Opposite Party(s)
Learned AGA has vehemently opposed, but could not dispute the aforesaid
facts. 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. Accordingly, the bail application is allowed. Let the accused-applicant, Hitlar Sah, 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 their 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 8, 2025 Deepak/ BAIL No. 31975 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad