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2025 DAILYLAW 112624 (ALL)

RAJENDRA BIND v. STATE OF U.P. AND ANOTHER

NABAIL/12366/2024 · 2025-01-20

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:10122 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 12366 of 2024 Applicant :- Rajendra Bind Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lavlesh Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant anticipatory bail application has been moved by the applicant for enlarging him on bail in Case Crime No 185 of 2024, under Sections 3/5A/8/5B of U.P. Prevention of Cow Slaughter Act & Section 11 Prevention of Cruelty to Animals Act, Police Station Alinagar, District Chandauli. 3. It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Applicant had challenged the FIR by filing Criminal Misc.Writ Petition No.17163 of 2024 and this Court by order dated 16.10.2024 passed the following orders:- "1. Heard learned counsel for the petitioner and learned A.G.A. for the respondents. 2. The relief sought in this petition is for quashing of the F.I.R. dated 14-08-2024 registered as Case Crime No. 185 of 2024, under Sections 3/5A/8/5B of the Prevention of Cow Slaughter Act and Section 11 of Cruelty to Animals Act P.S. Alinagar district Chandauli. Further prayer has been made not to arrest the petitioner in the aforesaid case. 3. Learned counsel for the petitioner submitted that the petitioner was the owner of Vehicle No.UP 65T 6077, which was sold on 20- 06-2024 and the alleged incident took place on 14-08-2024. He further submitted that at the relevant point of time the petitioner was not the owner of the vehicle and the other two persons who were apprehended have already accorded reprieve by the competent court. 4. The matter requires consideration. 5. Learned A.G.A. has accepted notice on behalf of the respondents, who may file counter affidavit within six weeks. Petitioner shall have two weeks thereafter to file rejoinder affidavit. 6. List thereafter. 7. Till the next date of listing, or till submission of the police report under Section 173(2) Cr.P.C. (now Section 193(3) of Bhartiya Nagrika Suraksha Sanhita, 2023), whichever is earlier, the respondents are restrained to arrest the petitioners pursuant to the impugned F.I.R. subject to co-operation in the ongoing investigation." 4. From the instructions received from learned AGA, it is apparent that investigation is going on against the applicant. Charge-sheet No.A-2 dated 09.11.2024 has been submitted against the applicant. Since Court has not taken cognizance nor issued summon against the applicant, there is no apprehension of arrest. Anticipatory bail application of the applicant is not supported by any order which demonstrate that summons have been issued against the applicant after submission of charge-sheet. No interference is warranted. 5. Accordingly, the anticipatory bail application of the applicant- Rajendra Bind, involved in aforesaid case crime is, hereby, rejected at this stage. Order Date :- 21.1.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad