SAYYED HUSAIN v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
NABAIL/917/2025 · 2025-07-25
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 153269 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153269 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:43065 Court No. - 14 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 917 of 2025 Applicant :- Sayyed Husain Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Adarsh Shukla,Prince Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. The present application has been filed seeking anticipatory bail in case crime No.267 of 2025, under Sections 303(2) BNS and Sections 3/5/8 of the Prevention of Cow Slaughter Act, Police Station Padua, District- Kheri. Heard learned counsel for the applicant and learned A.G.A. for the State. In the prosecution case, it is alleged that an FIR was lodged by the complainant stating that his bull was stolen on 25.05.2025. Despite efforts to trace the animal, on 26.05.2025 the remains of the bull were found in a dilapidated condition in an open field.
Learned counsel for the applicant submits that the applicant was neither arrested from the spot nor named in the FIR. His name has subsequently surfaced only in the confessional statement of the co-accused and that of an alleged eye-witness. It is further submitted that, as per the prosecution version, five named and 8-10 unnamed persons were allegedly taking the bull away, which appears to be highly improbable and raises serious doubt over the veracity of the allegations. The applicant has been falsely implicated in the case. He submits that the co- accused Mushtak @ Langda has been granted anticipatory bail by this Court vide order dated 24.7.2025 passed in Criminal Misc. Anticipatory Bail Application No. 901 of 2025. Hence, the present applicant seeks parity.
Learned counsel further submits that the applicant undertakes to cooperate with the investigation and shall abide by all conditions that may be imposed by the Court. Learned A.G.A. has opposed the prayer for anticipatory bail, stating that the investigation is still in progress.
Having regard to the facts and circumstances of the case, including the nature of accusation, the fact that the applicant has no criminal antecedents, he is not named in the FIR, neither he has been arrested from the spot, the co-accused Mushtak @ Langda has been granted anticipatory bail and undertaking to cooperate with the investigation and without expressing any opinion on the merits of the case, this Court is of the opinion that the liberty of the applicant deserves to be protected in view of the judgment of the Hon'ble Supreme Court in Sushila Aggarwal vs. State (NCT of Delhi), 2020 SCC OnLine SC 98. In view of the above, the anticipatory bail application is allowed. It is provided that in the event of arrest, the applicant- Sayyed Husain shall be released on anticipatory bail in the aforesaid case on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned, subject to the following conditions: The applicant shall cooperate in the investigation and shall not influence the witnesses. The applicant shall remain present as and when required by the arresting officer/investigating officer/S.H.O. concerned for investigation/interrogation. The applicant shall not leave India without prior permission of the Court. In case of breach of any condition, it shall be open to the investigating agency to move an appropriate application for vacation of this protection.
Order Date :- 25.7.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench