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2025 DAILYLAW 134791 (ALL)

HASAN RAJA v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND ANOTHER

ABAIL/419/2025 · 2025-04-18

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21906 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 419 of 2025 Applicant :- Hasan Raja Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Dheerendra Kr. Agnihotri Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. Heard learned counsel for applicant and learned A.G.A. for opposite party No.1-State. In view of order being passed notice to opposite party No.2 stands dispensed with. First anticipatory bail application has been filed with regard to case crime No. 633 of 2022, under Sections 3/5/8 of Prevention of U.P. Cow Slaughter Act, P.S. Gola, District Kheri. As per contents of first information report, the incident is said to have taken place on 7th September, 2022 when a police team acting on the basis of information supplied by police informant is said to have apprehended co-accused Adnain with beef in his possession whenever applicant is said to have been introduced by the said person. It has been submitted by learned counsel for applicant that he has been falsely implicated in the charges levelled against him which would be evident from the fact that he has neither been apprehended from the spot nor is there any recovery from him and his name has been introduced only on the basis of alleged confessional statement of co-accused Adnain. It is submitted that in fact the entire story is concocted and applicant in fact had been taken into custody earlier on 6th September, 2022 with regard to another case. It is submitted that applicant's previous criminal history has already been explained. Learned A.G.A. has opposed bail application but admits the aforesaid aspects. It is also admitted that previous criminal history of applicant has been explained. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that applicant has neither been apprehended from the spot nor is there any recovery from him and his name has been introduced on the basis of alleged extra judicial confessional statement of co-accused Adnain. Investigation is said to be still pending against the applicant. Without expressing any opinion on the merits of the case, I am of the opinion that the that the liberty of the applicant may be protected in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. In view of the above, it is provided that in the event of arrest, the applicant- Hasan Raja shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- (i) that the applicant shall make himself/herself available for interrogation by a police officer as and when required; (ii) that 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 him/her from disclosing such facts to the court or to any police officer or tamper with the evidence; (iii) that the applicant(s) shall not leave India without the previous permission of the court; (iv) that in case charge-sheet is submitted the applicant(s) shall not tamper with the evidence during the trial; (v) that the applicant(s) shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant(s) shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions, benefit of this order would not be available to applicant(s) Order Date :- 18.4.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench