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2025 DAILYLAW 164608 (ALL)

ISHAHAK @ ISHAHAK ALI AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

ABAIL/1019/2025 · 2025-09-17

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1019 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Ajey Singh, learned counsel appearing on behalf of the applicant as well as Shri Mayank Sinha, the learned A.G.A. appearing on behalf of the State. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R./Case Crime No.0047 of 2023, under Sections 429 I.P.C. and Sections 9/51 of Wild Life Protection Act, registered at Police Station- Payagpur, District- Bahraich. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 01.02.2023 against 7 persons, including the applicant, stating that while the informant was at his home, he got an information that the accused persons had killed two Neel Cows. 4. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is innocent having no criminal history and he has been falsely implicated in the present case. 5. Three co-accused persons have already been granted bail by means of an order dated 29.05.2025 passed by the Co-ordinate Bench of this Court in Crl. Misc. Anticipatory Bail Application No.608 of 2025. 6. The learned counsel for the applicant has submitted that the alleged offences carries a maximum sentence of imprisonment up to 5 years. 7. The learned A.G.A. has opposed the prayer for bail but he could not Versus Counsel for Applicant(s) : Ajey Singh Counsel for Opposite Party(s) : G.A. Ishahak @ Ishahak Ali And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) dispute the aforesaid aspects of the matter. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that three co-accused persons, having similar allegations, have already been granted anticipatory bail in the present case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant on the ground of parity. 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 furnishing a 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 17, 2025 S. Shivhare ABAIL No. 1019 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench