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2025 DAILYLAW 167935 (ALL)

SHAHID v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECTT. LKO. AND ANOTHER

NABAIL/1432/2025 · 2025-09-26

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1432 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Satendra Nath Rai, learned counsel for the applicant, Shri Jayant Singh Tomar, learned Additional Government Advocate-I for the State and perused the records. 2. The instant application has been filed seeking anticipatory bail of the applicant in Case Crime No. 256 of 2025, under Sections 3/5/8 of Cow Slaughter Act, registered at Police Station Bheera, District Lakhimpur Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged by a Sub Inspector of Police on 08.07.2025 against seven accused persons including the applicant stating that on the basis of information received from a mukhbir the police raided the house of co-accused Azizul Khan. Six persons escaped from a broken wall of the house. About 40 kilograms flesh of cow progeny was recovered from the house. Upon making enquiries from a woman standing on the spot she told that the flesh belonged to a calf which has been slaughtered by her husband Azizul Khan and son in law Shahid (the applicant) and other accused persons. 4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 5. Co-accused persons Amir Khan, Ajijul Khan and Kamar Jahan have been granted bail in the present case. Copies of their bail orders have been Versus Counsel for Applicant(s) : Satendra Nath Rai Counsel for Opposite Party(s) : G.A. Shahid .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. And Another .....Opposite Party(s) annexed with the application. 6. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the investigation of the case is still going on. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the house from where the flesh of cow progeny is alleged to have been recovered does not belong to the applicant; that besides custodial statement of a co-accused person there is no other material to connect the applicant with the offence in question; that the applicant has no previous criminal history and co-accused persons Amir Khan, Ajijul Khan and Kamar Jahan have been granted bail and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on antipatory bail in the aforesaid crime. 8. 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, 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 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 26, 2025 S. Shivhare NABAIL No. 1432 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench