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2025 DAILYLAW 158763 (ALL)

JAHRAT ALI @ HAJRAT ALI v. STATE OF U.P. THRU. SECY. (HOME) U.P. LKO.

NABAIL/1056/2025 · 2025-08-21

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:49179 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1056 of 2025 Applicant :- Jahrat Ali @ Hajrat Ali Opposite Party :- State Of U.P. Thru. Secy. (Home) U.P. Lko. Counsel for Applicant :- Rizwanul Haque Ansari,Santi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Rizwanul Haque, learned counsel for the applicant and Shri Ayush Sharma, learned State counsel. 2. The present bail application has been filed seeking anticipatory bail in case crime No.267 of 2025, under Sections 303(2) BNS and 3/5/8, Prevention of Cow Slaughter Act, Police Station Padua, District Lakhimpur Kheri. 3. 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 an open field. 4. 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. 5. It is further submitted that, as per the prosecution version, five named and 8 to 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. 6. 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. 7. The co-accused Mushtak @ Langa has been granted by means of an order dated 24.07.2025 by the Co-ordinate Bench of this Court in CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 901 of 2025 8. Learned State counsel has opposed the prayer for anticipatory bail, stating that the investigation is still in progress. 9. 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, 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. 10. In view of the above, the application is allowed. 11. It is provided that in the event of arrest, the applicant, Jahrat Ali @ Hajrat Ali 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: (i) The applicant shall cooperate in the investigation and shall not influence the witnesses. (ii) The applicant shall remain present as and when required by the arresting officer/investigating officer/S.H.O. concerned for investigation/interrogation. (iii) The applicant shall not leave India without prior permission of the Court. (iv) 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 :- 21.8.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench