Chhotaie Yadav vs State of U.P. — Bail and Remand | Allahabad HC (2025)

Chhotaie Yadav vs State of U.P. — Bail and Remand | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Enlargement on bail of accused-applicant Chhotaie Yadav on execution of a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned, subject to four conditions (non-tampering with evidence; no criminal activity; no pressurising/intimidating prosecution witnesses and cooperation in trial; regular appearance before the trial court), with liberty to the court below to cancel bail on breach.

Issue for consideration

Whether bail should be granted to accused-applicant Chhotaie Yadav in Case Crime No. 144 of 2025 (Sections 3/5A/8, U.P. Prevention of Cow Slaughter Act; Section 11, Prevention of Cruelty to Animals Act, 1960), P.S. Adalhat, District Mirzapur.

Court's answer

Weighing the nature of accusations, severity of punishment in case of conviction, supporting evidence, reasonable apprehension of tampering with witnesses and the prima facie case, and expressly without commenting on the merit of the case, the court concluded that a case for bail was made out.

Ratio / Principle

The bail application is allowed and the accused-applicant Chhotaie Yadav is directed to be released on bail on executing a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned.

Key takeaways

Release is subject to four conditions — no tampering with evidence, no indulgence in criminal activity, no pressurising/intimidating prosecution witnesses with cooperation in the trial, and regular appearance on each and every date fixed by the trial court; on breach of any condition the court below is at liberty to proceed to cancel the bail.ratio¶¶21

Detailed headnote1 paragraphs

Bail — S.483 Bharatiya Nagarik Suraksha Sanhita, 2023 / Ss.3/5A/8 U.P. Prevention of Cow Slaughter Act & S.11 Prevention of Cruelty to Animals Act, 1960 — Accused-applicant Chhotaie Yadav, detained since 14.05.2025 in Case Crime No. 144 of 2025 (P.S. Adalhat, Dist. Mirzapur), granted bail by Allahabad High Court (Ashutosh Srivastava, J.) on 29.10.2025. Counsel urged parity: co-accused Pyare Yadav already enlarged on bail by a co-ordinate Bench on 30.06.2025 in Crl. Misc. Bail Appln. No. 21315 of 2025; A.G.A.'s opposition failed to dispute this. Weighing nature of accusations, punishment severity, supporting evidence, witness-tampering apprehension and prima facie case, and without commenting on merits, bail allowed on personal bond with two reliable sureties each, subject to conditions of non-tampering, abstention from crime, non-intimidation of witnesses/trial cooperation and regular attendance, failing which the court below may cancel bail.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 21533 of 2025

Chhotaie Yadav

	Versus	.....Applicant(s)
State of U.P.		.....Opposite Party(s)
Counsel for Applicant(s)	:	Krishna Kumar Chaurasia
Counsel for Opposite Party(s)	:	G.A.

Court No. - 68

HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard Shri K.K. Chaurasia, learned counsel for the applicant, Shri Arimardan Yadav, 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, Chhotaie Yadav, seeking enlargement on bail in Case Crime No. 144 of 2025, under Sections 3/5A/8 of the U.P. Prevention of Cow Slaughter Act and Section 11 of the Prevention of Cruelty to Animals Act, 1960, Police Station Adalhat, District Mirzapur.

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 14.05.2025. Learned counsel for the applicant submits that similarly circumstanced co-accused Pyare Yadav has already been enlarged on bail by co-ordinate Bench of this Court on 30.06.2025 in Criminal Misc. Bail Application No. 21315 of 2025. He has no criminal antecedent 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.

Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but could not dispute the aforesaid fact.

Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting

BAIL No. 21533 of 2025

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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, Chhotaie Yadav, 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:

The applicant will not tamper with the evidence.

The applicant will not indulge in any criminal activity.

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

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.

(Ashutosh Srivastava,J.)

October 29, 2025

A. V. Singh

Digitally signed by :- AJAY VIKRAM SINGH High Court of Judicature at Allahabad