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2025 DAILYLAW 138932 (ALL)

NAJMUDDIN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

NABAIL/420/2025 · 2025-05-07

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26706 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 420 of 2025 Applicant :- Najmuddin Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Dhirendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. Heard learned counsel for applicant and learned A.G.A. for State. First anticipatory bail application has been filed with regard to case crime No. 134 of 2025 under Section 3/5Kha/8 Prevention of Cow Slaughter Act and Section 11Gha of Prevention of Cruelty to Animals Act 1960, P.S. Bachraawaan, District Raebareli. As per contents of first information report, the incident is said to have taken place on 6th April, 2025 when a police team intercepted a vehicle bearing No. U.P. 25 F.T. 0609 with live cattle. The applicant has been introduced as Driver of vehicle. 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 the applicant has not been apprehended from the spot nor is there any recovery from him. Even as per contents of F.I.R. only live cattle were seized without any evidence of there being prepared for slaughtering. Learned A.G.A. has opposed bail application with the submission that investigation is still ongoing in which the applicant is cooperating. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that applicant was not apprehended from the spot nor is there any recovery from him. Live cattle have reportedly been seized without any allegation of preparation being made for slaughter. Charge has has not yet been filed and the applicant is admittedly cooperating in the investigation. Previous criminal history of applicant has been explained. 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 till filing of police report u/s 173(2) Cr.P.C 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- Najmuddin 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:- (1) The applicant shall cooperate in the investigation and he will not influence the witnesses. (2) The accused-applicant will remain present as and when the arresting officer/1.O./S.H.O. concerned call (s) for investigation/interrogation. (3) The applicant shall not leave India without previous permission of the Court. (4) In case of default, it would be open for the investigating agency to move application for vacation of this protection. The application stands allowed. Order Date :- 7.5.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench