SALIM @ MU SALIM v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
ABAIL/1214/2025 · 2025-11-04
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 182370 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 182370 (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. - 1214 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.The present anticipatory bail application has been filed seeking anticipatory bail in case crime No.0418 of 2013 under sections 429 I.P.C., now 325 BNS, 3/5/8 of U.P. Prevention of Cow Slaughter Act, P.S. Kudwar, district Sultanpur. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. 3.Learned counsel for the applicant submits that it is alleged that 11 quintal beef has been recovered from the Safari vehicle. The applicant is alleged to have absconded from the scene of occurrence. Learned counsel for the applicant submits that offences are triable by Magistrate. The applicant has no criminal history.There is no recovery from the applicant. It is a case of false implication. The applicant is not the owner of the vehicle. Name of the applicant is alleged to have surfaced in the statement of one Constable Ram Krishna Mishra which is highly improbable. The incident is of 18th July, 2013. The applicant has not received any summon or notice during this period. All of a sudden, the police has started harassing the applicant and coming to his house. The charge sheet has already been filed in the year 2013. The applicant was not arrested during investigation and cooperated therein. The applicant's counsel undertakes on behalf of the applicant that the applicant shall cooperate in the trial. Versus Counsel for Applicant(s) : Arti Shukla Counsel for Opposite Party(s) : G.A. Salim @ Mu Salim .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s)
4. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel. 5.Considering the above aspects of the matter, perusal of the record, the applicant was not arrested during investigation, the undertaking given on behalf of the applicant that he shall cooperate in the trial, nothing has been recovered from the applicant, nor any co-accused has taken the name of the applicant, judgment of Supreme Court in Musheer Alam versus The State of U.P. and another 2025 SCC OnLine SC 116 and without entering into the merit of the case, it would be appropriate to grant protection to the applicant. 6.
6. In view of the above, it is provided that the applicant shall surrender before the concerned court within 10 days from the date of receipt of a certified copy of this order. On such surrender, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court. The applicant shall cooperate in the trial and he will not influence the witnesses.The applicant shall not leave India without previous permission of the Court. Any other condition which the trial court may deem fit and proper may also be imposed. 7. In case of default, it would be open for the trial court to proceed in accordance with law. 8. The application is allowed accordingly. November 4, 2025 kkb/ ABAIL No. 1214 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench