Shadab Alias Chida Vs State of U.P.

Neutral Citation No. - 2025:AHC:88712

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13111 of 2025

Applicant :- Shadab Alias Chida Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Supplementary affidavit filed today is taken on record.

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Heard Sri Sushil Kumar Pandey, learned counsel for the applicant and Shri Manoj Kumar Singh, learned AGA for the Staterespondent and perused the record.

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This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant Shadab @ Chida, seeking enlargement on bail in Case Crime No. 613 of 2024, under Sections 3/5A/8 of the U.P. Cow Slaughter Act, Police Station Kairana, District Shamli.

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Learned counsel for the applicant argued that the accusedapplicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 25.01.2025. Learned counsel for the applicant submits that in the First Information Report it has been alleged that on the basis of an information of the informer the police party had recovered skelton and other materials from an open place. Learned counsel for the applicant submits that neither the applicant was named in the First Information Report nor any thing has been recovered from the possession of the applicant. In the present case charge sheet has been filed on 13.02.2025 and there is no need of any further custodial interrogation of the applicant. Co-accused Saleem, has been granted bail by this Court in Criminal Misc. Bail Application No. 45761 of 2024, vide order dated 04.02.2025. Criminal antecedent of one case has been explained in the supplementary affidavit 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.

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Learned AGA has opposed the prayer for bail.

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Having heard and gone through materials placed on record, it is apparent that the applicant has no specific role. He has no criminal history to his credit except the present one.

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Considering all above 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.

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Accordingly, the bail application is allowed.

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Let the accused-applicant Shadab @ Chida , 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:

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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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.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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Order Date :- 26.5.2025 Deepak/

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Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad

Shadab Alias Chida v. State of U.P.

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