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2025 DAILYLAW 158947 (ALL)

MUNIR KHAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO

NABAIL/1063/2025 · 2025-08-22

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:49522 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1063 of 2025 Applicant :- Munir Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Rudra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Rudra Pratap Singh, learned counsel for the applicant and Shri Shikhar Srivastava, learned A.G.A. for the State. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R./Case Crime No.436 of 2025, under Sections 325 of BNS and Section 11(1) of The Prevention of Cruelty to Animals Act and Sections 3/5/8 of The U.P. Prevention of Cow Slaughter Act, registered at Police Station- Kheri, District- Lakhimpur Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 26.06.2025 by the office of Rashtriya Bajrang Dal stating that it had received some information that some unknown person had slaughtered a cow progeny. 4. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is innocent person, he has been falsely implicated in the present case and he is having no criminal history. 5. The police has arrested two persons riding on a motorcycle on the basis of suspicion. In the F.I.R., it is alleged that three knifes were recovered from the alleged motorcycle. The accused persons had confessed their involvement in the commission of the said offence and they stated that the applicant was also involved in commission of the offence. 6. Both the persons, who were arrested by the police and on the basis of whose statements the applicant has been implicated in the present case, have already been granted bail by means of an order dated 11.08.2025 passed by the Additional District & Sessions Judge/F.T.C. (New), Lakhimpur Kheri. 7. The learned A.G.A. has opposed the anticipatory bail application and he has submitted that the investigation of the case is still going on. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has been implicated in the present case on the basis of the custodial statement of the co-accused persons; that both the co-accused persons have been granted bail and that the applicant is having no previous criminal history, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 9. In view of the above, the anticipatory bail application of the applicants is allowed. In the event of arrest/ appearance of applicant before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court : (i) that the applicant shall make himself/herself 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. Order Date :- 22.8.2025 S. Shivhare NABAIL No. 1063 of 2025 2 Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench