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2025 DAILYLAW 30386 (ALL)

BADRUDDIN v. STATE OF U.P. AND ANOTHER

NABAIL/2115/2025 · 2025-03-17

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:37912 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2115 of 2025 Applicant :- Badruddin Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamlesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant and Sri Neeraj Kumar Sharma, learned AGA for the State-respondent. 2. This application has been filed seeking anticipatory bail in Case Crime No. 113 of 2024, under Sections3/5A/5B/8 of Cow Slaughter (Prevention) Act and Section 11 of Cruelty of Animals (Protection) Act, Police Station Iliya Nagar, District Chandauli. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The alleged live stock was recovered from a Tata Magic vehicle driven by the co-accused, Chandra Shekhar Maurya. There is no independent witness to the alleged recovery. The applicant has no concern with the alleged incident/recovery. During the course of investigation, the applicant was granted anticipatory bail till submission of Police report by this Court vide order dated 09.01.2025 passed in Criminal Misc. Anticipatory Bail Application No. 151 of 2025 (Badruddin vs. State of U.P. and Another). Investigation has been completed. The applicant had cooperated in the investigation. Charge-sheet has been filed. No custodial interrogation is required. The applicant has been summoned by the concerned court. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is released on anticipatory bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations, antecedents of the applicant and the fact that the alleged live stock was recovered from a Tata Magic vehicle driven by the co-accused, Chandra Shekhar Maurya. There is no independent witness to the alleged recovery. At this stage, there is no substantive evidence against the applicant. Charge-sheet has been filed. During the course of investigation, the applicant was granted anticipatory bail till submission of Police report by this Court. The applicant had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant Badruddin, 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 applicant shall make himself available on each date fixed in the matter by the court concerned; (ii) the applicant 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; (iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the concerned court. 7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. Order Date :- 18.3.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad