Neutral Citation No. - 2025:AHC:40686 Court No. - 69 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5735 of 2024 Applicant :- Sharafat Khan @ Chunne Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Waseem Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Second supplementary affidavit filed by the counsel for the applicant, is taken on record. 2. Heard learned counsel for the applicant and Sri Raj Shekhar Srivastava, learned AGA for the State and perused the material on record. 3. This application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in Case Crime No. 616 of 2018, under Sections 3/5/8 U.P. Prevention of Cow Slaughter Act (1/1956) and Section 11 of Animal Cruelty Act, Police Station Nawabganj, District Bareilly. 4. Counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The name of the applicant was disclosed by co-accused Zahid in police custody. The said statement, insofar as it implicates the applicant, is unreliable. Recovery is false and planted. There is no independent witness to the alleged recovery. At this stage there is no credible evidence to link the applicant with the offence. Investigation has been completed. Charge sheet has been submitted. The applicant had co-operated in the investigation. The applicant has been summoned by the concerned court. No custodial interrogation is required. Criminal history of the applicant has been explained in para 2 of the second supplementary affidavit. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is released on anticipatory bail till conclusion of trial, he will not misuse the said liberty. 5. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, the name of the applicant was disclosed by co-accused Zahid in police custody, there is no independent witness to the alleged recovery, at this stage, there is substantive evidence to link the applicant with the offence, charge sheet has been submitted, the applicant had co-operated in the investigation, no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicant Sharafat Khan @ Chunne, 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 applicant shall make himself available on each date fixed in the matter by the court concerned; (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 him from disclosing such facts to the Court; (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 concerned court. 8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. Order Date :- 20.3.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad