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2025 DAILYLAW 79952 (ALL)

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

NABAIL/6012/2025 · 2025-08-19

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:142511 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6012 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 learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant and Sri Anupam Anand, learned Brief Holder for the State- opposite party, and perused the material available on record. 3. This application has been filed seeking anticipatory bail in Case Crime No. 209 of 2018, under Sections 3/5/8 Cow Slaughter Act, 11 Prevention of Animal Cruelty Act and 7 CLA Act, Police Station Shahganj, District Jaunpur. 4. Learned 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 that the applicant is unreliable. False recovery of two live cows, instruments used in slaughtering and cow meat has been shown from the house of Hishamuddin, co- accused Guddu and co-accused Babloo. There is no independent witness to the alleged recovery. The applicant has no concern with the alleged recovery. At this stage there is no credible evidence to link the applicant with the offence. Investigation has been completed. The applicant had cooperated in the investigation. Charge-sheet has been submitted. No custodial interrogation is required. The applicant has been summoned by the court concerned. The criminal history of the applicant has been explained in Paragraph-2 of the supplementary affidavit. The applicant has apprehension of his arrest in the above mentioned case. 5. Learned Brief Holder for the State 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 antecedents of the applicant and, in particular, the fact that the name of the applicant was disclosed by the police informer; the alleged recovrey has been shown from the house of Hishamuddin, co-accused Guddu and co-accused Babloo; there is no independent witness to the alleged recovery; at this stage there is no substantive evidence to link the applicant with the offence; investigation has been completed; 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 and every 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. Further, 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 :- 20.8.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad