MUSLIM @ MOHD. MUSHLIM v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND ANOTHER
NABAIL/1272/2025 · 2025-09-16
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 164555 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 164555 (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. - 1272 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Ms. Arti Shukla, learned counsel for the applicant, 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.105 of 2025 under Sections 115(2), 352, 351(3), 191(2), 191(3), 109, 333 of B.N.S. and Section 11 of Prevention of Cruelty to Animal Act registered at Police Station- Baldirai, District- Sultanpur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 05.05.2025 against five named persons, including the applicant and 5-7 unnamed persons, alleging that co-accused persons had tied up a bull for slaughtering it. The informant's son and nephew tried to set the bull free whereupon the accused persons assaulted the informant's son and nephew with sticks and other lethal weapons. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person and he has been falsely implicated in the present case. 5. The applicant's involvement in six other cases has been disclosed in para- 16 of the affidavit, in 3 of which he has been granted anticipatory bail, in one case he has been granted bail and in one case he has not received any summons. 6. Learned counsel for the applicant has submitted that no person has received injuries in the incident. 7. Learned A.G.A. has vehemently opposed the bail application but he could not dispute the aforesaid submissions of the learned counsel for the applicant. Versus Counsel for Applicant(s) : Arti Shukla Counsel for Opposite Party(s) : G.A. Muslim @ Mohd. Mushlim .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another .....Opposite Party(s)
He has further submitted that the investigation of the case is still pending. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that neither any slaughter has been committed nor any person has received any injury in the incident and prima facie there appears to nothing to substantiate the allegation levelled in the FIR,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 applicant 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 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. September 16, 2025 -Amit K- NABAIL No. 1272 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench