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Neutral Citation No. - 2025:AHC:36123 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2014 of 2025 Applicant :- Mishkin And 4 Others Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Maurya Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Supplementary affidavit filed today on behalf of the applicant, is taken on record. 2. Heard learned counsel for the applicants, learned AGA on behalf of the State and perused the record. 3. This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No.04 of 2025, under Section 3/5A/8 Cow Slaughter Act & Section 3(5) B.N.S., P.S. Barla, District Aligarh. 4. Learned counsel for the applicants submits that applicants are innocent and have been falsely implicated in the present case. Allegation alleged in the FIR is that four persons arrested with 15 kg beef meat. Learned counsel for the applicants states that the applicants are not named in the FIR. Applicant nos. 1 to 4 are ladies. Applicants' named surfaced in the statement of co-accused Adil, who is son of applicant no.2. All the applicants have been implicated in the present case in pursuance of the FIR. Applicants have criminal history, which has been explained in the affidavit of anticipatory bail application. In case, the applicants are released on bail, they would not misuse the liberty of bail and would cooperate with the investigation. 5. Learned AGA opposed the prayer for anticipatory bail of the applicants with the contention that the applicants are not entitled for anticipatory bail as prima facie case is made out. 6. Without expressing any opinion on the merits of the case and considering the nature of accusation and antecedents, the applicants are entitled to be released on anticipatory bail in this case for the limited period considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98. 7.
Let the applicants Mishkin, Afraj, Gulistana, Yasmin & Zeeshan, who are involved in the aforesaid crime, be released on anticipatory bail till submission of police report under section 173(2) Cr.P.C. on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions :- (i) The applicants shall make themself available for interrogation by a police officer as and when required; (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 from disclosing such facts to the Court or to any police officer; (iii) The applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them before the S.S.P./S.P. concerned.
8. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
9. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicants.
10. The application stands allowed.
Order Date :- 12.3.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad