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2025 DAILYLAW 61582 (ALL)

ASAD ALIAS ARSHAD AND ANOTHER v. STATE OF U.P.

NABAIL/4013/2025 · 2025-05-20

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:85411 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4013 of 2025 Applicant :- Asad Alias Arshad And Another Opposite Party :- State of U.P. Counsel for Applicant :- Zainul Abdin Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicants as well as Sri Raj Shekhar Srivastava, learned A.G.A. for the State and perused the material placed on record. 2. The present application has been filed with the prayer to grant anticipatory bail to the applicants in Case Crime No.034 of 2025, under section 11 of Prevention Cruelty to Animal Act and Section 109 B.N.S., P.S. Nawabganj, District Ganganagar (Commissionerate Prayagraj). 3. Counsel for the applicants submits that the applicants have been falsely implicated in the instant case. The name of the applicants was disclosed by co- accused Zasin, Salman and Brijesh Kumar Kesharwani in police custody. The said statements, insofar as they implicate the applicants, are unreliable. In the alleged incident, no police personal have received any injury. False recovery of livestock has been shown from the alleged vehicle. There is no independent witness to the alleged recovery. At this stage, there is no credible evidence to link the applicants with the offence. The criminal history of the applicants have been explained in para 15 of the paper book. It is next submitted that the investigation is going on and the applicants have apprehension of their arrest in the above mentioned case. 4. Learned A.G.A. for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Learned counsel for the applicants 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 learned counsel for the applicants, considering the nature of accusations and antecedents of the applicants, the fact that the name of the applicants has been disclosed by co-accused Zasin, Salman and Brijesh Kumar Kesharwani in police custody; in the alleged incident, no police personal have received any injury; there is no independent witness to the alleged recovery; at this stage, there is no substantive evidence to link the applicants with the offence, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail till the submission of police report. 7. In the event of arrest, the applicants Asad @ Arshad and Arman 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 applicants shall make themselves 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 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 applicants. 10. The applicants are 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 :- 21.5.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad