SAHABUDDIN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO
ABAIL/774/2025 · 2025-07-18
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 149579 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 149579 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:41100 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 774 of 2025 Applicant :- Sahabuddin Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Rajan Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. A supplementary affidavit filed by learned counsel for the applicant is taken on record. The present anticipatory bail application has been filed seeking anticipatory bail in case crime/FIR No. 267 of 2024, under Section 3, 5 (B) & 8 of Prevention of Cow Slaughter Act, 1955 and Section 11 of Prevention of Cruelty to Animals Act, 196 And Section 429 and 120B I.P.C., Police Station-Bilgram, District-Hardoi. Heard learned counsel for the applicant and learned A.G.A. for the State.
Learned counsel for the applicant submits that the applicant is not named in the FIR. Neither the complainant nor the co- accused has mentioned the applicant's name in their statements recorded under Section 161 Cr.P.C. No recovery has been made from the applicant's possession, and there is no eyewitness to the incident. The applicant’s name has surfaced for the first time solely on the basis of a subsequent statement made by co- accused Hisamu. It is a clear case of false implication. It is further submitted that the applicant's brother, Shahbaz, has filed a writ of habeas corpus bearing Writ Petition No. 167/2025, and due to this reason, the entire family has been falsely implicated by the police.
Learned counsel for the applicant further submits that if the
accused is granted anticipatory bail, he undertakes to comply with all conditions imposed by the Court. He shall fully cooperate with the investigation and shall not misuse the liberty granted to him. Learned AGA has opposed the bail application, however, he could not deny the facts. On due consideration to the fact that the alleged offences are triable by a Magistrate and considering the applicant’s explanation of his criminal history in a supplementary affidavit, his distinguishable role compared to the other co-accused, as well as his undertaking to cooperate with the investigation, I am of the opinion that the applicant is entitled to be released on anticipatory bail in this case in the light of judgment of Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another (2020)5 SCC 1, subject to his cooperation in the investigation. In view of the above, it is provided that in the event of arrest, the applicant 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:- The applicant shall report to the investigating officer within twenty days from today. She shall cooperate in the investigation and she will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O.
concerned
call(s)
for investigation/interrogation. The applicant shall not leave India without previous permission of the Court. The application is allowed.
Order Date :- 18.7.2025/R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench