ANJANI KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
BAIL/6713/2025 · 2025-07-22
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152754 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152754 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:41983 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6713 of 2025 Applicant :- Anjani Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Dharmendra Bahadur Singh 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 State as well as perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.301 of 2025, under Sections 3(5), 109 BNS, Sections 3/5K/8 of Prevention of Cow Slaughter Act and Section 11(d) of Animal Cruelty Act, P.S. Safdarganj, District Barabanki. In the prosecution case it is alleged that applicant along with the co-accused persons has been arrested from the spot and from the DCM vehicle used by them 17 bulls one dead bull black colour, one dead cow and one live bull has been recovered. It is further alleged that country made pistol of 315 bore, 2 live cartridge 315 bore, 1 live cartridge 315 bore have also been recovered. It is also alleged that applicant has fired at police.
Learned counsel for applicant submits that no one is injured from the police side. No offence under Section 109 BNS is made out. The applicant has no criminal history. Applicant has been falsely implicated in this case. There is no independent witness. The offences are triable by magistrate. He submits that the applicant is in jail since 17.06.2025. Learned A.G.A. has opposed the bail prayer.
On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 17.06.2025, no one is injured from the police side, no offence under Section 109 BNS is made out, applicant has no criminal history, there is no independent witness and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Anjani Kumar be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such
facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Panel
Code (now Section 269 of BNS). (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Panel Code (now Section 209 BNS).
Order Date :- 22.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench