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2025 DAILYLAW 197116 (ALL)

Husain alias Haider Ali Urf Jugnu v. State of Uttar Pradesh through Chief Secretary Department of Home and Another

ABAIL/1409/2025 · 2025-12-19

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1409 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.243 of 2020 under sections 3/5/8 of Prevention of Cow Slaughter Act and 11D of Animal Cruelty Act, P.S. Paliya, district Lakhimpur Kheri. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. 3.Learned A.G.A. at the outset has raised an objection and submits that earlier, the applicant had filed a petition under section 482 CrPC No.2183 of 2020 which has been dismissed vide order dated 1.10.2020, however, the applicant was granted liberty on his prayer to appear and surrender before the trial court and apply for bail within fifteen days, the bail was directed to be decided in accordance with law and during the period of fifteen days, it was directed that no coercive steps shall be taken against the applicant. It is submitted that the applicant has, though, availed the benefit of the order of fifteen days as provided in the said order dated 1.10.2020 (supra), however, he has not filed a regular bail application. Now, after five years, he has filed the present anticipatory bail application. Thus, considering the fact that the applicant is not cooperating in the trial, the application is liable to be rejected. 5. I have considered the submission and perused the order dated 1.10.2020(supra). Versus Counsel for Applicant(s) : Ashok Kumar, Chandra Prakash, Muzammil Asad Counsel for Opposite Party(s) : G.A. Husain Alias Haider Ali Urf Jugnu .....Applicant(s) State Of Uttar Pradesh Through Chief Secretary Department Of Home And Another .....Opposite Party(s) It is not disputed that fifteen days' protection and no more was granted to the applicant and it was provided that the applicant shall surrender and apply for regular bail before the trial court. It appears that the applicant has availed the benefit of the said order, however, the second part of the order requiring him to appear and surrender before the trial court has not been complied with by the applicant. The trial is pending since 2020 due to non-cooperation of the applicant and after five years, he has filed the present anticipatory bail application. No case for anticipatory bail is made out. 6.The application is accordingly rejected. December 19, 2025 kkb/ ABAIL No. 1409 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench