SHAHADAT ALI @ HAZI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO
NABAIL/1074/2025 · 2025-08-25
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 159202 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 159202 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1074 of 2025
Court No. - 13
HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Shri Bhanu Pratap Singh, learned counsel for the applicants and Shri Shikhar Srivastava, learned A.G.A. for the State. 2. The instant application has been filed by the applicants seeking anticipatory bail in F.I.R./Case Crime No.179 of 2025, under Sections 303(2), 325 BNS and Section 11 of Prevention of Cruelty to Animals Act, 1960 and Section 4/25 of Arms Act, 1959, registered at Police Station-Dargah Sharif, District- Bahraich. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 10.07.2025 by Sub-Inspector of Police against four persons, including the applicant, stating that on the basis of an information received from a Mukhbir, the police raided the house of two.co-accused persons, namely Gufran and Shajuddeen, were arrested and 5 quintals buffaloes' flesh was recovered L from the house. Some other remains of 3 buffaloes were also recovered from the house. The persons arrested stated that Shaadab holds a license to run a meat shop and all the accused persons commit theft of buffaloes and sell its flesh after slaughtering them. 4. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicants are innocent persons and they have been falsely implicated in the present case. 5. A supplementary affidavit has been filed disclosing his involvement in four other criminal cases, in which the applicant has been granted bail. Versus Counsel for Applicant(s) : Bhanu Pratap Singh, Naved Alam, Naveen Awasthi, Prateek Mishra Counsel for Opposite Party(s) : G.A. Shahadat Ali @ Hazi And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko .....Opposite Party(s)
6. The co-accused persons Gufran and Shajuddeen have already been granted bail by means of an order dated 11.07.2025 passed by the Additional Chief Judicial Magistrate, Bahraich. 7. The learned A.G.A. has opposed the prayer for bail and he has submitted that the investigation is still going on in the case. 8.
Having considered the aforesaid facts and circumstances of the case and keeping in view of the fact that arrested accused Shaadab holds a license to run a meat shop; the applicant has been only implicated on the basis of custodial statement of co-accused persons; that the Gufran and Shajuddeen have already been granted bail by means of an order passed by the learned Additional Chief Judicial Magistrate, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicants. 9. In view of the above, the anticipatory bail application of the applicants is allowed. In the event of arrest/ appearance of applicants before the learned Trial Court in the aforesaid case crime, they shall be released on anticipatory bail on their 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 applicants shall make himself/herself available for interrogation by a police officer as and when required; (ii) that the applicants 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 applicants shall not leave India without the previous permission of the court. (iv) that the applicants shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicants shall not pressurize/ intimidate the prosecution witness. August 25, 2025 S. Shivhare
NABAIL No. 1074 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench