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2025 DAILYLAW 64815 (ALL)

IKRAR AND ANOTHER v. STATE OF U.P.

NABAIL/4315/2025 · 2025-07-13

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:112488 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4315 of 2025 Applicant :- Ikrar And Another Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Srivastava,Shailja Kant Dubey Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicants and Sri Neeraj Kumar Sharma, learned A.G.A. for the State- opposite party, and perused the material placed on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 477 of 2024, under Sections 305(A), 317(2) of B.N.S. and Sections 3, 5(A) and 8 of the U.P. Prevention of Cow Slaughter Act, Police Station Kotwali Dehat, District Saharanpur. 3. Counsel for the applicants submits that the applicants were not named in the first information report and have been falsely implicated in the present case. The names of applicants were disclosed by co-accused Yusuf, Rizwan @ Kala, Saddam and Jeeshan @ Fana in police custody. The said statements, insofar as they implicate the applicants, are unreliable. At this stage, there is no credible evidence to link the applicants with the offence. Criminal history of the applicants has been explained in para no.20 of the bail application. 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. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. 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 applicant, considering the nature of accusations, antecedents of the applicants and the fact that the applicants were not named in the first information report; the names of applicants were disclosed by co-accused Yusuf, Rizwan @ Kala, Saddam and Jeeshan @ Fana in police custody; 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. 7. In the event of arrest, the applicants- Ikrar and Rihan 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 passports, 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 :- 14.7.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad