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2025 DAILYLAW 24971 (ALL)

NESAR SAH v. STATE OF U.P. AND ANOTHER

NABAIL/1850/2025 · 2025-03-04

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:31396 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1850 of 2025 Applicant :- Nesar Sah Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rizwan Ullah Siddiqui Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant Anticipatory Bail Application has been filed with a prayer to grant anticipatory bail to the applicant in Case Crime No. 28 of 2025, under Sections 3/5A/8 of U.P. Prevention of Cow Slaughter Act and Section 11 of Prevention of Animal Cruelty Act, Police Station- Lalganj, District- Mirzapur, till submission of police report under Section 173(2) Cr.P.C. 3. Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Applicant is not named in the first information report. Applicant has been implicated in the present case being owner of the alleged vehicle. Recovery is false and planted one. Applicant has criminal history, which is explained in para 22 of the anticipatory bail application. Investigation is going on. Lastly, it is submitted that the applicant is apprehensive of imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation. 4. Per contra, learned A.G.A. vehemently opposed the anticipatory bail application of the applicant and submitted that from the applicant's vehicle ten cattle were recovered and applicant is having criminal history of other cases. It is not a case of false implication. Hence, applicant should not be released on anticipatory bail. 5. Considered the submissions raised by learned counsel for the parties and perused the entire record. From perusal of contents of first information report as well as other material evidence available on record, prima facie, offence is made out against the applicant, as such, no case for interference by this Court is made out. 6. Accordingly, the present anticipatory bail application is rejected. 7. However, if the applicant surrenders before the concerned court within two weeks from today and applies for regular bail, the bail application shall be decided expeditiously by the court concerned, in accordance with law laid down by the Apex Court in Satender Kumar Antil Vs. Central Bureau of Investigation and another; reported in 2021 SCC OnLine SC 922. 8. For the period of two weeks from today or till the time of surrender of the applicant before the court below, whichever is earlier, no coercive action shall be taken against the applicant. Order Date :- 5.3.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad