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2025 DAILYLAW 104225 (ALL)

MOHD. WASIM AND ANOTHER v. STATE OF U.P. AND ANOTHER

NABAIL/8218/2025 · 2025-10-08

Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8218 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Shri Mukesh Joshi, learned counsel for the applicants, Shri O.P. Singh, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Case Crime no.244 of 2013, under Sections 3, 5A, 8 of U.P. Prevention of Cow Slaughter Act, 1955 and Section 11 Prevention of Cruelty to Animals Act and Section 7 Criminal Law (Amendment) Act, Police Station Greater Noida/ Site-5, District Gautam Buddh Nagar, with the prayer that in the event of arrest, applicants may be released on bail. 3. It has been argued by the learned counsel for the applicants that applicants are innocent and they have been falsely implicated in this case. It is further submitted that as per first information report, 24 alive and one dead cow is alleged to have been recovered from a vehicle, by which, the applicants were travelling. It is further submitted that the applicants were granted interim protection from the arrest till submission of police report by Division Bench of this Court vide order dated 14.02.2014. It is further submitted that the process under Section 82 Cr.P.C. has been issued against the applicants and the matter relates to the year 2014. It has been stated that in case, applicants are granted anticipatory bail, they shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail. 4. On the other hand, learned A.G.A. has vehemently opposed the application for anticipatory bail and submitted that the applicant has willfully avoided the process of the Court and has been absconding and he is Versus Counsel for Applicant(s) : Mukesh Joshi Counsel for Opposite Party(s) : G.A. Mohd. Wasim And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) not entitled for grant of anticipatory bail. 5. The Hon'ble Apex Court in Lavesh Vs. State (NCT of Delhi) (2012) 8 SCC 730 has held that "Normally, when the accused is "absconding" and declared as a "proclaimed offender", there is no question of granting anticipatory bail. We reiterate that when a person against whom a warrant had been issued and is absconding or concealing himself in order to avoid execution of warrant and declared as a proclaimed offender in terms of Section 82 of the Code he is not entitled to the relief of anticipatory bail." 6. Considering submissions of learned counsel for the parties and all attending facts and circumstances of the case, without expressing any opinion on the merits of the matter, no case for grant of anticipatory bail is made out. 7. The anticipatory bail application is hereby rejected. October 9, 2025 RKM NABAIL No. 8218 of 2025 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad