HANEEF AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME AND ANOTHER
ABAIL/608/2025 · 2025-08-18
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 142150 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 142150 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:48298 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 608 of 2025 Applicant :- Haneef And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Applicant :- Rahul Kumar Shukla,Mohit Singh,Shivam Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Rahul Kumar Shukla, the learned counsel for the applicant, Sri Rajesh Kumar Singh, the learned AGA-I for the State and perused the records. 2. On 29.05.2025, the applicant was granted interim anticipatory bail by this court by means of following order:-
"2. Heard learned counsel for applicants and learned A.G.A. for State- opposite party no.1. 3. Issue notice to opposite party No.2. 4. First anticipatory bail application has been filed with regard to case crime No. 47 of 2023 under Section 429 IPC and Section 9/51 Wild Life Protection Act, P.S. Payagpur, District Bahraich. 5. As per contents of F.I.R., incident is said to have taken place on 01.02.2023 when the informant was given information with regard to applicants and co-accused having killed a blue bull and were transporting the carcass but fled when the informant alongwith others reached the spot. 6. It is submitted that applicants have been falsely implicated in allegations levelled against them only on account of previous enmity and that applicants were neither apprehended from the spot nor is there any recovery from them. It is submitted that charge-sheet in the case has already been filed and applicants without previous criminal history undertake to co-operate in the same. 7. Learned A.G.A. appearing on behalf of State has opposed bail application but does not dispute the said facts. 8. Upon consideration of submissions advanced by learned counsel for parties and upon perusal of material on record, prima facie, it appears that informant is a private person and has lodged the FIR only on the basis of information derived by him. It appears that applicants were neither apprehended from the spot nor is there any recovery from them. The charge-sheet in the matter has already been filed and there is nothing adverse with regard to applicants' co-operation.
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 applicants under Section 438
Cr.P.C./482 BNNS. 9. List this case on 14.07.2025 alongwith service report. 10. Objections may be filed in the meantime. 11. In view of above, interim anticipatory bail is granted to applicants providing that in the event of arrest, applicants Haneef, Hukum Ali and Soharab shall be released on interim bail on their furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned subject to following conditions:- (i) The applicants 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 them from disclosing such facts to the court or tamper with the evidence; (ii) The applicants shall not leave India without the previous permission of the court; (iii)The applicants shall not pressurize/ intimidate the prosecution witness; (iv)The applicants shall appear before the trial court on each date fixed unless personal presence is exempted; (v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed."
3. The State has filed a counter affidavit annexing therewith the material collected during investigation and a copy of the charge sheet. 4. Learned A.G.A. did not point out any violation of the conditions of interim anticipatory bail committed by the applicant. Nothing has come to light which may persuade this court to take a view, other than the view taken at the time of granting interim anticipatory bail to the applicant. 5.
In view of above, the interim order dated 29.05.2025 is made absolute and the anticipatory bail application is allowed in terms of the order dated 29.05.2025. . [Subhash Vidyarthi, J.] Order Date :- 18.8.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench