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2025 DAILYLAW 148652 (ALL)

MOHAMMAD JUBAIR ( JUBAIR @ RIZWAN IN F.I.R. ) v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND ANOTHER

ABAIL/730/2025 · 2025-07-02

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:37336 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 730 of 2025 Applicant :- Mohammad Jubair ( Jubair @ Rizwan In F.I.R. ) Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Firoz Ahmad Khan Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. The present bail application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in FIR/ Case Crime No. 129/2020, under Sections 3/5/8 of Uttar Pradesh Prevention of Cow Slaughter Act, P.S. Antu, District Pratapgarh. Heard learned counsel the applicant and learned A.G.A. for the State. Learned counsel for the applicant submits that the applicant's name has surfaced solely in the confessional statements of the co-accused, and he has been falsely implicated in the present case. Learned A.G.A. has opposed the anticipatory bail application. Perused the record. A perusal of the record shows that the applicant's name has surfaced in the confessional statement of co-accused Sher Ali. Pursuant to the disclosure made by Sher Ali and his wife, a recovery of beef and other related articles has been made. Additionally, the applicant has a criminal history i.e. Case Crime No. 465 of 2020, under Sections 2/3 of the Gangsters Act, P.S. Antu, District Pratapgarh. The confessional statement of the co-accused is substantiated by the recovery. Hence, it cannot be said that the applicant has been falsely implicated, particularly in view of his previous criminal involvement. In view of the above, no ground for grant of anticipatory bail is made out. Accordingly, the application for anticipatory bail is rejected. Order Date :- 2.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench