JARIF @ JAREEF v. STATE OF U.P THRU. PRIN. SECY. HOME CIVIL SECTT. LKO. AND ANOTHER
NABAIL/1628/2025 · 2025-11-17
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 177126 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 177126 (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. - 1628 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J.
1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 3. It is alleged in the prosecution case that on 24.11.2024, the accused persons were transporting twenty-nine cow progeny in a closed-body truck (canter) purportedly for the purpose of slaughter. 4. Learned counsel for the applicant submits that mere transportation of alive cows from one place to another is not an offence. He further submits that the applicant has not been named in the F.I.R. The applicant has criminal history of 6 cases which has been explained in paragraph-4 of the supplementary affidavit filed today. 5. He further submits that the co-accused persons namely Ikbal @ Iqbal and Faim Ahmad @ Faeem Ahmad have been granted bail by a co-ordinate bench of this court in Criminal Misc Bail Application No. 1555 of 2025 and Criminal Misc. Bail Application No. 1501 of 2025 vide orders dated 17.10.2025 and 14.10.2025 respectively. He seeks parity with the bail order of the said co- accused. 6. It is also submitted that the applicant has cooperated during the course of investigation and further undertakes to cooperate in the investigation. 7. Learned A.G.A. has opposed the application and has submitted that the investigation is going on. Versus Counsel for Applicant(s) : Aiyyaz Mansuri Counsel for Opposite Party(s) : G.A. Jarif @ Jareef .....Applicant(s) State Of U.P Thru. Prin. Secy. Home Civil Sectt. Lko. And Another .....Opposite Party(s)
8.
On due consideration of the facts that the offence is triable by a Magistrate, the applicant has explained criminal history of 6 cases in paragraph-4 of the supplementary affidavit filed today, the fact that applicant is not named in the F.I.R, the offence is triable by the Magistrate; the fact that co-accused persons namely Ikbal @ Iqbal and Fahim Ahmad @ Faeem Ahmad have been granted bail; and in view of the undertaking given on behalf of the applicant to cooperate with the investigation, this Court is of the considered opinion that the applicant is entitled to be granted anticipatory bail in light of the judgment of the Hon'ble Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, subject to his continued cooperation in the investigation. 9. The application is allowed. 10. In view of the above, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail in Case Crime number 344 of 2024, Under Sections 3/5ka/8 Cow Slaughter Prevention Act, and Section 11 of the Prevention of Cruelty to Animal, P.S Dalmau, District Raebareli, on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:-
11. The applicant shall report to the investigating officer within ten days from today. He shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court. November 17, 2025 DiVYa NABAIL No. 1628 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench