MOHD. NASIR KURAISI v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME AND ANOTHER
ABAIL/1066/2025 · 2025-09-26
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 165658 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 165658 (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 438 CR.P.C. No. - 1066 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Nijam Ahamad, the learned counsel appearing on behalf of the applicant as well as Sri Abhay Kumar Singh, 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.184 of 2018 under Sections3/5A/8 of U.P. Prevention of Cow Slaughter Act registered at Police Station- Tanda, District- Ambedkar Nagar. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 13.09.2018 by a Senior Sub-Inspector of Police against the applicant and his wife- co-accused Gulista Yasamin stating that the police raided the applicant's house on the basis of information received from a mukbir and recovered 100 Kg flesh of cow progeny and some other articles. No person was arrested on the spot. 5. In the affidavit filed in support of the anticipatory bail application it has been stated that the applicant is an innocent person and he has been falsely implicated in the present case. Applicant's involvement in one criminal case has been disclosed in supplementary affidavit, in which, he has not been summoned. 6. Learned counsel for the applicant submitted that on the basis of Versus Counsel for Applicant(s) : Nijam Ahamad Counsel for Opposite Party(s) : G.A. Mohd. Nasir Kuraisi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home And Another .....Opposite Party(s)
same incident, the applicant has been implicated in another criminal case under Section 4/25 of Arms Act in which he has yet to seek his release on bail. 7. Co-accused, Gulista Yasamin has already been granted anticipatory bail by this Court vide order dated 10.09.2025 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.991 of 2025. 8. The learned A.G.A. has opposed the bail application and he has submitted that the allegations have been established during investigation and a charge-sheet has been submitted on 28.09.2018. 9. Having considered the aforesaid facts and circumstances of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 10. 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 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 ABAIL No. 1066 of 2025 2
(v) that the applicant shall not pressurize/ intimidate the prosecution witness. September 26, 2025 V. Sinha ABAIL No. 1066 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench