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Neutral Citation No. - 2025:AHC:106942 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5314 of 2025 Applicant :- Ayan Minor Opposite Party :- State of U.P. and Another Counsel for Applicant :- Govind Prasad,Rama Pati Tripathi Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard learned counsel for the applicant as well as Sri Anupam Anand, learned Brief Holder 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. 13 of 2025, under Sections 3/5A/8 U.P. Prevention of Cow Slaughter Act and 11 Prevention of Animal Cruelty Act, Police Station Bekanganj, District Kanpur Nagar.
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 instant case. The name of the applicant surfaced during the course of investigation. False recovery of beef has been shown. There is no independent witness to the alleged recovery. Reliance has also been placed upon the High School certificate annexed at Page-34 of the paper book to contend that the applicant was minor at the time of the alleged incident. At this stage there is no credible evidence to link the applicant with the offence. The applicant has no criminal antecedents. The investigation is still pending and the applicant has apprehension of his arrest in the above case.
4. Learned Brief Holder for the State 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 applicant, considering the nature of accusations and antecedents of the applicant, and, in particular, the fact that the applicant was not named in the first information report, his name surfaced during the course of investigation; there is no independent witness to the alleged recovery; as per the High School certificate,
the applicant was minor at the time of the alleged incident and, at this stage there is no substantive evidence to link the applicant with the offence, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail.
6. In the event of arrest, the applicant- Ayan (minor), 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 co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation. (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 them from disclosing such facts to the court or to any police officer. (iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court. (iv) The applicant shall surrender her passport, if any, to the concerned Court forthwith. Her passport will remain in custody of the concerned Court. (v) The applicant shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 of Cr.P.C.
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 :- 8.7.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad