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2025 DAILYLAW 179109 (ALL)

SHAKEEL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

NABAIL/2049/2025 · 2025-12-18

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2049 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. for the State. The present anticipatory bail application has been filed by the applicant apprehending his arrest in Case Crime No. 388 of 2025, under Sections 3/5/8 The Uttar Pradesh Prevention of Cow Slaughter Act 1955, Police Station Jaisinghpur, District Sultanpur. In the prosecution case, it is alleged that on 11.10.2025, at about 8:00 a.m., the applicant received information that heads of cow progeny were found in a pond near Darpipur on the Purvanchal Service Road. Learned counsel for the applicant submits that the applicant has duly explained the criminal history of one case in paragraph 12 of the bail application. It is further submitted that the applicant is not named in the FIR, there is no recovery from his possession, and there is no eyewitness to the alleged incident. The name of the applicant has surfaced only in the confessional statement of the co-accused recorded during police custody. Learned counsel for the applicant further undertakes that the applicant shall cooperate in the investigation. Learned A.G.A. has opposed the anticipatory bail application and submitted that the investigation in this case is pending. Versus Counsel for Applicant(s) : Akhil Kumar Singh, Gyanendra Pratap Yadav Counsel for Opposite Party(s): G.A. Shakeel .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) Perused the record. On due consideration of the facts that the applicant is not a previous convict; that he has explained the criminal history of one case; that the offence is triable by a Magistrate; that except for the confessional statement of the co-accused there is no other material against the applicant; that the investigation is still in progress; and in view of the undertaking that the applicant shall cooperate in the investigation, this Court is of the considered opinion that the applicant is entitled to 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. In view of the above, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned, with the following conditions: The applicant shall report to the investigating officer within ten days from today and shall cooperate in the investigation. He shall not influence any witness. 1. The applicant shall remain present as and when the arresting officer/I.O./S.H.O. concerned calls him for investigation/interrogation. 2. The applicant shall not leave India without prior permission of the Court. 3. The application is allowed accordingly. December 18, 2025 Madhu D.R/P.S NABAIL No. 2049 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench