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2025 DAILYLAW 101494 (ALL)

IKRAR @ LAL MINYAN v. STATE OF U.P.

NABAIL/7905/2025 · 2025-09-24

Vivek Varma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7905 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant and Sri S.S.Pandey, learned AGA for the State and perused the material on record. 2. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 339 of 2025, under Sections 3/5/8 Prevention of Cow Slaughter Act, Police Station Baheri, District Bareilly. 3. Counsel for the applicant contends that the applicant was not named in the first information report and has been falsely implicated in the present case. The name of the applicant was disclosed by co-accused Danish @ Raju in police custody. The said statement, insofar as it implicates the applicant, is unreliable. At this stage there is no credible evidence to link the applicant with the offence. During the course of investigation, the applicant was granted protection, till cognizance is taken on police report by the court concerned, vide order dated 16.05.2025 passed in Criminal Misc. Writ Petition No. 9447 of 2025. Investigation has been completed. Charge sheet has been submitted. The applicant had co-operated in the investigation. The applicant has been summoned by the concerned court. No custodial interrogation is required. Criminal history of the applicant has been explained in para 20 of the affidavit. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail till conclusion of trial, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not Versus Counsel for Applicant(s) : Abdul Mazeed, Syed Ali Ansar Counsel for Opposite Party(s) : G.A. Ikrar @ Lal Minyan .....Applicant(s) State of U.P. .....Opposite Party(s) 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, in particular the fact, that the applicant was not named in the first information report; the name of the applicant was disclosed by co-accused Danish @ Raju in police custody; at this stage, there is no substantive evidence to link the applicant with the offence; during the course of investigation, the applicant was granted protection, till cognizance is taken on police report by the court concerned; charge sheet has been submitted, the applicant had co-operated in the investigation, no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled for anticipatory bail. 6. In the event of arrest, the applicant Ikrar @ Lal Minyan 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 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. 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 25, 2025 Lbm/- NABAIL No. 7905 of 2025 2 (Vivek Varma,J.) Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad