RIYASHAT v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
NABAIL/843/2025 · 2025-07-10
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 150532 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150532 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:39400 Court No. - 14 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 843 of 2025 Applicant :- Riyashat Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Firoz Ahmad Khan Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the opposite party nos. 1 and 2. The present application under Section 438 Cr.PC./482 BNSS has been filed seeking anticipatory bail in case crime/FIR No. 05 of 2025, under Sections 3/5A(1)/5B/8 of U.P. Prevention of Cow Slaughters Act and Section 11 of Prevention of Cruelty to Animals Act, P.S.- Baba Bazar, District- Ayodhya/Faizabad. In the prosecution case, it is alleged that from the container bearing No. UP 21BN 6549, 27 cow progenies have been recovered, which were being transported from Moradabad Rechh Ghat to Rudauli.
Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the case. The transportation of cow progenies within the State is not an offence under Section 5A of the U.P. Cow Slaughters Act. The applicant has not been apprehended on the spot. His name has surfaced in the confessional statement of the co-accused. Nothing has been recovered from the possession of the applicant. He has explained criminal history of 4 cases in the supplementary affidavit. Moreover,
Learned counsel further submits that the offence is triable by a Magistrate. The applicant undertakes to cooperate with the investigation. Learned A.G.A. has opposed the anticipatory bail application. On due consideration to the fact that the applicant has duly explained his criminal history; nothing has been recovered from the possession of the applicant; the transportation of cow progenies within the State is not an offence under Section 5A of the U.P. Cow Slaughters Act; the offence is triable by a Magistrate and the undertaking given by the applicant to further
cooperate with the investigation, it would be expedient in the interest of justice that the liberty of the applicant may be protected. In view of the above, it is provided that in the event of arrest, the applicant- Riyashat 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 seven days from the date of certified copy of this order. He shall cooperate in the investigation and he 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. In case of default, it would be open for the investigating agency to move application for vacation of this interim protection. The anticipatory bail application is disposed of.
Order Date :- 10.7.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench