Neutral Citation No. - 2025:AHC-LKO:11351 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 14493 of 2021 Applicant :- Azahruddin @ Ajju Opposite Party :- State of U.P. Counsel for Applicant :- Jalaj Kumar Gupta,Sandhya Bharti,Vinod Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record. Instant application has been filed with the prayer to enlarge the applicant on anticipatory bail in Case Crime No. 177 of 2021, under Sections 3/5/8 of Prevention of Cow Slaughter Act, Police Station Bazarkhala, District Lucknow. From perusal of the order sheet, it appears that on 10.12.2021, the following order was passed wherein the present applicant has been granted interim anticipatory bail:- "Heard learned counsel for the applicant and learned A.G.A. for the State. The applicants are seeking anticipatory bail under Section 438 of Code of Criminal Procedure in connection with F.I.R. dated 26.08.2021, lodged at F.I.R./Case Crime No.0177 of 2021, under Sections 3/5/8 of Prevention of Cow Slaughter Act, Police Station Bazarkhala, District Lucknow. It has been contended by learned counsel for applicant that applicant is innocent and he has wrongly been implicated in the case. Learned counsel for the applicant has further submitted that applicant was not arrested on the spot, nor anything incriminating was recovered from his possession. Name of the applicant came on surface in the statement of co-accused. Applicant has no criminal history to his credit. Learned counsel for the applicant has next submitted that co-accused Mohammad Asad Quraishi @ Harish, Salman @ Shakti, Mohd. Mohammad Huzaifa Quraishi have been granted interim protection by a co-ordinate benches of this Court vide orders dated 07.10.2021, 25.10.2021 and 29.10.2021, passed in Criminal Misc. Anticipatory Bail Application Under Section 438 Cr.P.C. Nos.11416 of 2021, 11982 of 2021 and 12345 of 2021. Applicant is entitled for similar relief. It is next submitted that there is an apprehension that police will arrest the applicant in connection with the above F.I.R., therefore, interim protection may be granted to the applicant. Applicant is ready to co- operate in the investigation/interrogation. He will not flee from justice. He is entitled to get the relief of anticipatory bail. Learned A.G.A. has opposed the prayer and submitted that he may be granted an opportunity to submit counter affidavit. Considering the submission of learned counsel for the applicants, overall facts and circumstances of the case, in anticipation of arrest, applicant is entitled for interim protection till the next date of listing. The applicant (Azahruddin @ Ajju), involved in F.I.R./Case Crime No.0177 of 2021, under Sections 3/5/8 of Prevention of Cow Slaughter Act, Police Station Bazarkhala, District Lucknow, if arrested, after passing of this order, shall be released on interim bail, subject to the following conditions. (i). In the event of arrest, the applicant involved in the aforesaid case, be released on anticipatory bail on his furnishing a personal bond of Rs.50,000/- with two sureties of the like amount to the satisfaction of the Station House Officer of the police station concerned. (ii). The applicant shall make himself available for investigation/search/recovery/interrogation by the police officer/Investigating Officer as and when required. (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; and (iv). The applicant shall not leave India without the previous permission of the Court and if he has any passport, he shall deposit the same with the trial court concerned. (v) In case charge sheet is submitted, applicant shall attend the court in accordance with conditions of the bond executed under the Cr.P.C. (vi) Applicant shall not commit any offence similar to the offence of which he is accused of or commission of which he is suspected. In default or misuse of any of the above conditions, the public prosecutor/counsel for the informant is at liberty to file appropriate application for cancellation of interim protection so granted. List this case in the week commencing 3rd January, 2022 for final disposal of the anticipatory bail application. In the meantime, learned A.G.A. may file counter affidavit. Let a copy of this order be communicated to the Commissioner of Police, Lucknow." From perusal of order dated 10.12.2021, it is apparent that the State counsel has failed to demonstrate that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicant was enlarged on an interim anticipatory bail after thoroughly considering the merits of the case.The learned counsel for the State has also failed to submit any fact that the applicant is not cooperating with the investigation proceeding or otherwise any glaring fact which can adversely affect the merit of the case. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Azahruddin @ Ajju till disposal of the trial subject to the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that 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; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/intimidate the prosecution witness. In case of default, it would be open for the Investigating Agency to move application for vacation of this protection. Order Date :- 20.2.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench