MOHD. SHAHZAD v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
ABAIL/1201/2025 · 2025-10-30
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 185477 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 185477 (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. - 1201 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. 277/2016 under sections 3/5A/8 of U.P. Prevention of Cow Slaughters Act, 11 of Prevention of Cruelty to Animals Act, P.S. Kotwali Nagar, district Pratapgarh. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. Notice to respondent No.2 is dispensed with in view of the proposed order. 3.Learned counsel for the applicant submits that offences are triable by Magistrate. The applicant has no criminal history. The applicant has cooperated during investigation. Charge sheet has already been filed years back. The applicant has never received any summon. Due to this, he could not appear before the court below under such unawareness. as a result, non-bailable warrant has been issued. Now, the applicant is apprehending arrest. Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial. 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 offences are triable by Magistrate, the applicant has no criminal history, Versus Counsel for Applicant(s) : Firoz Ahmad Khan Counsel for Opposite Party(s) : G.A. Mohd. Shahzad .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s)
the applicant has cooperated during investigation and charge sheet has been filed, he was not arrested during investigation, 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. 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. October 30, 2025 kkb/ ABAIL No. 1201 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench