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2025 DAILYLAW 79901 (ALL)

SHAMSUDDIN v. STATE OF U.P. AND 2 OTHERS

NABAIL/6036/2025 · 2025-08-12

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:137477 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6036 of 2025 Applicant :- Shamsuddin Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ashok Kumar Singh,Pratibha Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Supplementary affidavit filed by counsel for the applicant is taken on record. 2. Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 3. This application has been filed seeking anticipatory bail in Case Crime No. 210 of 2018, under Sections 3/5/8 of Cow Slaughter Act, Section 11 of Animal Cruelty Act and Section 7 of Criminal Law (Amendment) Act, Police Station- Shahganj, District- Jaunpur. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The name of the applicant was disclosed by the police informer. The said statement, insofar as, it implicates the applicant is unreliable. The alleged three quintal cow meat, twenty four live cows and instruments used in slaughtering has been recovered from the premises of the co-accused Shah Alam. There is no independent witness to the alleged recovery. The applicant has no concern with the alleged recovery. During the course of investigation, the arrest of the applicant was stayed by this Court vide order dated 13.12.2018 passed in Criminal Misc. Writ Petition No. 36204 of 2018 (Shamshuddin and 2 others vs. State of U.P. and 3 others). The said petition was dismissed for want of prosecution on 14.01.2020. Investigation has been completed. Charge-sheet has been filed. The applicant had cooperated in the investigation. The applicant has been summoned by the concerned court. No custodial interrogation is required. The applicant came to know about the pending proceedings only in the month of June, 2025. Prior to the instant case, the applicant was found involved in Case Crime No. 209 of 2018 under Sections 3/5/8 of Cow Slaughter Act, Section 11 of Animal Cruelty Act Section 7 of Criminal Law (Amendment) Act, P.S. Shahganj, District Jaunpur. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, 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, considering the nature of accusations and the fact that the name of the applicant was disclosed by the police informer, there is no independent witness to the alleged recovery, during the course of investigation, the arrest of the applicant was stayed by this Court, at this stage, there is no substantive evidence against the applicant, charge-sheet has been filed, the applicant had cooperated in the investigation and 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 Shamsuddin, 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 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 :- 13.8.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad