Neutral Citation No. - 2025:AHC:43015 Court No. - 69 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 111 of 2025 Applicant :- Usman And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Vikas Sharma Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicants and Sri Neeraj Kumar Sharma, learned A.G.A. for the State- opposite party. Perused the material available on record. 2. The applicants were granted interim anticipatory bail vide order dated 08.01.2025 passed by the co-ordinate Bench of this Court. The order is quoted herein below: "1. Heard Sri Vikas Sharma, learned counsel for the applicants, learned A.G.A for the State and perused the record. 2. The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicants in Case Crime No.82 of 2024, under Sections-3/5 of Cow Slaughter Act, Police Station-Nanauta, District-Saharanpur. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case due to ulterior motive. Initially FIR was registered U/s 269 and 270 I.P.C., thereafter, during investigation, Investigating Officer added Section 3/5 of Cow Slaughter Act. Applicants have been enlarged on bail U/s 269 and 270 I.P.C. Investigation is going on and applicants are co-operating in the investigation. In case, applicants are granted anticipatory bail, they would not misuse the liberty of bail and would co-operate with the investigation. Applicants have definite apprehension of their arrest by the police. 4. Learned AGA has vehemently 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. 5. Learned AGA has accepted notice on behalf of opposite parties. 6. Learned A.G.A. is granted four week's time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two week s thereafter. 7. List this case after six weeks. 8. As an interim protection, till the next date of listing fixed for hearing on this application, the applicants are granted anticipatory bail in the aforesaid case crime number. In the event of arrest, the applicants shall be released on interim anticipatory bail 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 applicants shall make themselves available for interrogation by the 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./C.P./A.C.P concerned. (iv) The applicants shall not tamper with the evidence during the trial. (v) The applicants shall not pressurize/intimidate the prosecution witness. (vi) The applicants shall appear before the trial court on each date fixed unless personal presence is exempted. 9. In default of any of the conditions, the Investigating Officer/Govt. Advocate/concerned court is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants." 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. After investigation, charge-sheet has been submitted against the applicants on 19.01.2025 and the applicants have been summoned. The applicants are appearing before the trial court on each and every date fixed and are contesting the proceedings. The applicants have not violated any conditions nor have misused the liberty of interim anticipatory bail. The applicants have no criminal antecedents. 4. Learned A.G.A. 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 applicants, considering the nature of accusations and antecedents of the applicants, for the reasons contained in the interim order dated 08.01.2025 and, in particular, the fact that the applicants are appearing before the trial court on the dates fixed, and also the fact that no adverse material has been produced by the learned AGA, which may warrant any modification in the earlier order dated 08.01.2025, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicants- Usman and Shahnawaz @ Bhoora, 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 make themselves available on each and every date fixed in the matter by the court concerned; (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; (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 concerned court. 7. Further, 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 :- 20.3.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad