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Neutral Citation No. - 2025:AHC:52452 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2736 of 2025 Applicant :- Ashama Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Maurya 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 V.P. Tripathi, learned A.G.A. for the State and perused the material placed on record. 3. The instant application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 04 of 2025 under Sections 3/5A/8 of U.P. Prevention of Cow Slaughter Act and Section 3(5) of B.N.S., Police Station Barla, District Aligarh. 3. Learned 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 independent witnesses, namely, Kyamuddin, Ible Hasan, Salimuddin and Nadim. The said statements insofar as they implicate the applicant are unreliable. The alleged cow meat was recovered from the possession of the persons who were arrested at the spot. At this stage, there is no credible evidence to link the applicant with the offence. It is next contended that identically placed co-accused, Mishkin, Afraj, Gulistana, Yasmin and Zeeshan have been granted anticipatory bail by this Court till submission of Police report vide order dated 12.03.2025 passed in Criminal Misc. Anticipatory Bail Application No. 2014 of 2025 (Mishkin and 4 others vs State of U.P.). The applicant claims parity. The criminal history of the applicant has been explained in para no. 19 of the bail application and para no. 2 of the supplementary affidavit. The investigation is still pending. It is next submitted that the applicant is a lady and has apprehension of her arrest and in case, the applicant is released on anticipatory bail, she 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. Counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 6.
Having regard to the submissions made by counsel for the applicant, considering
the nature of accusations and the fact that the applicant was not named in the first information report, the name of the applicant was disclosed by independent witnesses, namely, Kyamuddin, Ible Hasan, Salimuddin and Nadim, at this stage, there is no substantive evidence against the applicant. Further, identically placed co-accused, Mishkin, Afraj, Gulistana, Yasmin and Zeeshan have been granted anticipatory bail by this Court, 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. 7. In the event of arrest, the applicant- Ashama 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 herself 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 she has passport, the same shall be deposited by her before the Police Commissioner 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 applicant. 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 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. 10. 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.
11. The application stands disposed of.
Order Date :- 10.4.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad