Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:129024 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 11234 of 2024 Applicant :- Shamim Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ashok Kumar Singh,Pratibha Singh Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.
1. Heard learned counsel for the applicant, 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. 0287 of 2024, under Sections 3/5A/5B/8 Cow Slaughter Act and Section 11 of Prevention of Animal Cruelty Act, Police Station Alinagar, District Chandauli, with the prayer that in the event of arrest, applicant may be released on bail.
3. Vide order dated 27.11.2024, co-ordinate Bench of this Court had granted interim anticipatory bail to the applicant.
4. Learned counsel further argued that there is no credible evidence against him. It has also been submitted that applicant has no criminal antecedents and the applicant undertakes to co-operate during the trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail.
5. Learned A.G.A. has opposed the application for anticipatory bail and argued that credible evidence has been collected during the
investigation, which has culminated in submission of charge sheet.
6. Perusal of the record shows that the applicant was granted interim anticipatory bail vide order dated 27.11.2024. During the course of investigation credible evidence has been collected against the applicant which has resulted into submission charge sheet has been submitted against the applicant. In the case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration.
7. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending
facts and circumstances of the case, without expressing any opinion on merit of the case, no case for anticipatory bail is made out.
8. Interim order, if any stands vacated.
9. The anticipatory bail application is rejected.
Order Date :- 31.7.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad