Sanjay Chauhan Alias Pappu vs State of U.P.

Neutral Citation No. - 2025:AHC:80511

Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3486 of 2025

Applicant :- Sanjay Chauhan Alias Pappu Opposite Party :- State of U.P. Counsel for Applicant :- Kamlesh Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Gautam Chowdhary,J.

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Heard learned counsel for the applicant as well as learned A.G.A. appearing for the State and perused the record.

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The present bail application has been filed on behalf of the applicant- Sanjay Chauhan Alias Pappu , with a prayer to enlarge him on bail in Case Crime No. 100 of 2024, under Section 3/5A/5B/8 of U.P. Prevention of Cow Slaughter Act, Police Station- Naugarh, District- Chandauli, during pendency of trial.

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Learned counsel for the applicant submits that prosecution case is that applicant one other accused via forest were taking 36 cow progeny to Bihar who were badly tied to each other. Learned counsel further submits that applicant has falsely been implicated in the case. The applicant has no concern with the alleged recovery made on the spot. There is no public witness of the alleged recovery. There is no evidence that 36 cow progeny were in fact found by the police. There is no material with the prosecution to show that where those 36 animals were being transported. One coaccused, who was also arrested along with the applicant has already been enlarged on bail, therefore, the applicant may also be enlarged on bail by this Court on the ground of parity. Learned counsel for the applicant further submits that there are four cases into the credit of applicant, out of which in one case applicant has been granted anticipatory bail and in other remaining cases he is on bail. It has also been pointed out that the applicant is jail since 23.10.2024.

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Learned A.G.A. opposed the prayer for bail.

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After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of

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tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail.

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Let applicant- Sanjay Chauhan Alias Pappu , involved in the above mentioned crime be enlarged on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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(v) In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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The bail application is allowed.

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Order Date :- 15.5.2025 Mustaqeem.

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Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad

Sanjay Chauhan Alias Pappu v. State of U.P.

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Sanjay Chauhan Alias Pappu v. State of U.P.

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