KANHAIYA LAL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
NABAIL/457/2025 · 2025-05-15
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 139959 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 139959 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:28443 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 457 of 2025 Applicant :- Kanhaiya Lal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Vijay Kumar,Anand Sharma,Jitendra Mishra Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J.
1. Heard learned counsel for applicant and learned Additional Government Advocate appearing on behalf of State. In view of
order being passed, notice to opposite party no.2 stands dispensed with. 3. This first anticipatory bail application has been filed with regard to Case Crime No. 223 of 2024 under Section 3/5/8 of Prevention of Cow Slaughter Act and 11(1) Cruelty to Animals Act, Police Station Maheshganj, District Pratapgarh. 4. As per contents of First Information Report which has been filed against unknown person, the incident is said to have taken place on 24.10.2024 when a police team upon information being received is said to have discovered a vehicle having Registration No. U.P. 65 CT 1095 in a thicket. The FIR indicates that the persons setting in the vehicle escaped whereafter remnants of cow slaughter were found near the vehicle. 5. It is submitted that applicant has been falsely implicated in allegations levelled against him only on account of the fact that he is owner of the vehicle. It is submitted that the FIR itself indicates that there was no beef recovered from the vehicle itself. It is submitted that applicant does not have any previous criminal history and had co-operated during investigation. 6. Learned AGA has opposed anticipatory bail application with the submission that applicant's name has been introduced during the course of investigation as owner of the vehicle. It is, however, admitted that applicant does not have any previous criminal history. 7. Upon consideration of submissions advanced by learned
counsel for parties and perusal of material on record, prima facie, it appears that applicant has been nominated only on account of the fact that he is the owner of vehicle. The FIR itself indicates that there was no beef or any element of cow slaughter discovered from the vehicle itself. The applicant is said to have co-operated during investigation and does not have any previous criminal history. Thus, in view of law laid down by Hon'ble the Supreme Court in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1, it would be appropriate to grant anticipatory bail to applicant under Section 438 Cr.P.C./482 BNNS. 8.
In view of the above, it is provided that in the event of arrest, the applicant Kanhaiya Lal shall be released on anticipatory bail in aforesaid Case Crime number on his/her furnishing a personal bond with two sureties each in the like amount to the satisfaction of court concerned with the following conditions:- (i) that the applicant(s) shall make himself/herself available for interrogation by a police officer as and when required; (ii) that the applicant(s) 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). 9. The application stands Allowed.
Order Date :- 15.5.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench