Siraj Ahmad v. STATE OF U.P. THRU. SECY. HOME DEPTT., LUCKNOW AND ANOTHER
ABAIL/646/2025 · 2025-06-05
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 145305 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 145305 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:34682 Court No. - 12 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 646 of 2025 Applicant :- Siraj Ahmad Opposite Party :- State Of U.P. Thru. Secy. Home Deptt., Lucknow And Another Counsel for Applicant :- Devendra Pratap,Shashank Shekhar Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 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. This first anticipatory bail application has been filed with regard to Case Crime No. 0202 of 2025 under Sections 3/5 Kha of U.P. Cow Slaughter Prevention Act, Police Station Biswan, District Sitapur. As per the prosecution case, it is alleged that the informant allegedly apprehended one Salman on 27.04.2025 with live cattle in his possession. The allegation is that the said individual was transporting the cattle for the purpose of slaughter.
Learned counsel for the applicant submits that the allegation regarding possession of live cattle is identical to the allegation levelled against co-accused Riyaz Ahmad, who has already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 27.05.2025 in CRIMINAL MISC.
ANTICIPATORY BAIL APPLICATION U/S 438 Cr.P.C. No. 578 of 2025. The applicant seeks parity with the said order. It is further submitted that the FIR has been lodged merely on the basis of suspicion. The applicant has no prior criminal antecedents and undertakes to cooperate with the ongoing investigation. Learned AGA has opposed anticipatory bail application but
does not dispute the said facts. 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 against him. Co-accused Riyaz Ahmad has been granted anticipatory bail vide order dated 27.05.2025. The FIR itself appears to have been lodged on the basis of suspicion. The investigation is still ongoing in which he undertakes to cooperate. Without expressing any opinion on the merits of the case, I am of the opinion that the liberty of the applicant may be protected till filing of police report under section 173(2) Cr.P.C. in view of dictum of Hon'ble the Supreme Court in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1. In view of the above, it is provided that in the event of arrest, the applicant, Siraj Ahmad, shall be released on anticipatory bail in aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of court 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/I.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 disposed of.
Order Date :- 5.6.2025/R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench