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Neutral Citation No. - 2025:AHC:42027 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1958 of 2025 Applicant :- Ikrar And Another Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Srivastava,Shailja Kant Dubey Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Supplementary affidavit filed by counsel for the applicants is taken on record. 2. Heard counsel for the applicants, Sri V. P. Tripathi, learned AGA for the State and perused the material on record. 3. The present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicants in Case Crime No. 225 of 2024, under Sections 303(2), 317(2), 112(2), 317(5) of B.N.S. and 3, 5 and 8 of Cow Slaughter Act, Police Station- Fatehpur, District- Saharanpur. 4. Counsel for the applicants submits that the applicants were not named in the first information report. The name of the applicants was disclosed by co-accused Yusuf, Rizwan, Saham and Jeesan @ Fana in police custody. The said statements, insofar as they implicate the applicants, are unreliable. At this stage, there is no credible evidence to link the applicants with the offence. The criminal history of the applicants has been explained in paragraph no.3 of the supplementary affidavit. The investigation is still pending. It is next submitted that the applicants have apprehension of their arrest and in case, the applicants are released on anticipatory bail, they will not misuse the said liberty. 5. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made by counsel for the applicant, considering the nature of accusations, and the fact that the applicants were not named in the first information report. The name of the applicants was disclosed by co-accused Yusuf,
Rizwan, Saham and Jeesan @ Fana in police custody. At this stage, there is no credible evidence to link the applicants with the offence, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicants Ikrar and Rihan, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs.
50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation; (ii) The applicants shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer; (iii) The applicants shall not leave the country during the currency of trial without prior permission from the concerned trial Court. (iv) The applicants shall surrender his passport, if any, to the concerned Court forthwith. Their passports will remain in custody of the concerned Court. (v) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S.
8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.
9. The application stands disposed of.
Order Date :- 21.3.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad