SADDAM @ ABU HURAYRA @ MOHAMMAD SADDAM v. STATE OF U.P.
NABAIL/2596/2025 · 2025-04-06
Vivek Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 36021 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 36021 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:49236 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2596 of 2025 Applicant :- Saddam @ Abu Hurayra @ Mohammad Saddam Opposite Party :- State of U.P. Counsel for Applicant :- Sumit Kumar Singh,Tushar Krishnani Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Supplementary affidavit filed by counsel for the applicant is taken on record. 2. Heard counsel for the applicant, Sri Anupam Anand, learned brief holder for the State and perused the material on record. 3. This application has been filed seeking anticipatory bail in Case Crime No. 14 of 2025, under Section 109(1) of B.N.S. and Sections 3/5/8 of Cow Slaughter Act, Police Station- Nawabganj, District- Prayagraj. 4. Counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the present case. The name of the applicant was disclosed by co-accused, Ajay Kumar in Police custody. The said statement insofar as it implicates the applicant is unreliable. False recovery of live stock has been shown. There is no independent witness to the alleged recovery. In the alleged incident, no person has received any injury. The criminal history of the applicant has been explained in para no. 3 of the supplementary affidavit. The investigation is still pending. It is next submitted that the applicant has apprehension of his arrest and in case, the applicant is released on anticipatory bail, he will not misuse the said liberty. 5. Learned brief holder has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 7. Having regard to the submissions made by counsel for the applicant, considering the nature of accusations and the fact the name of the applicant was disclosed by co-accused, Ajay Kumar in Police custody, the fact that there is no independent witness to the alleged recovery, the fact that in the alleged incident, no person has received any injury.
At this stage, there is no substantive evidence to link the applicant with the offence, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report. 8. In the event of arrest, the applicant- Saddam @ Abu Hurayra @ Mohammad Saddam be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193 (3) B.N.S.S., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicant shall make himself available for interrogation by a police officer as and when required; (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 or to any police officer; (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 Police Commissioner concerned. 9. 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 applicant. 10. 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 copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. 11. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present
order.
12. The application stands disposed of.
Order Date :- 7.4.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad