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2025 DAILYLAW 152576 (ALL)

NAJIR AND ANOTHER v. STATE OF U.P. THRU. SECY. HOME LKO.

NABAIL/895/2025 · 2025-07-22

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42041 Court No. - 14 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 895 of 2025 Applicant :- Najir and Ishalakat Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Rizwanul Haque Ansari,Santi Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1.Heard learned counsel for the applicants as well as learned Additional Government Advocate for State. 2.The present application has been filed seeking anticipatory bail in case crime No. 267 of 2025 under sections 303(2) BNS and 3/5/8 of Prevention of Cow Slaughter Act, P.S. Padua, district Lakhimpur Kheri. 3.A perusal of the record shows that the allegation against the applicant along with the co-accused is that they have committed theft of cattle of the complainant and has slaughtered it. Jagdish is an eye witness account who has supported the prosecution story. The remains of cow progeny have been found near the river and and keeping in view the statement of the veterinary doctor, it cannot be said that it is a case of false implication. No case for anticipatory bail is made out. 4.At this stage, learned counsel for applicant submits that he may be granted liberty to file regular bail application and the same may be decided in the light of judgment of Supreme Court in Satender Kumar Antil versus Central Bureau of Investigation and another Special Leave to Appeal (Cri)No.5191 of 2021. 5.In view of the above, prayer for anticipatory bail is refused and the application is dismissed. However, it is provided that in case the applicant files a regular bail application within two weeks from today, the same be decided expeditiously, strictly in view of the law laid down by Supreme Court in the case of Satender Kumar Antil (supra). Order Date :- 22.7.2025/kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench