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2025 DAILYLAW 83270 (ALL)

MOHHD KALLU v. STATE OF U.P. AND ANOTHER

NABAIL/6411/2025 · 2025-08-10

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:135125 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6411 of 2025 Applicant :- Mohhd Kallu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ansar Ahmad Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. 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. 2. This application has been filed seeking anticipatory bail in Case Crime No. 196 of 2014, under Sections 3/5/8 Cow Slaughter Act, Police Station Ajeetmal, District Auraiya. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. False recovery of beef has been shown. There is no independent witness to the alleged recovery. There is no F.S.L. report to establish that the substance recovered is prohibited beef. The applicant was released on bail by the police authorities on 3.5.2014. 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 cooperated in the investigation. No custodial interrogation is required. The applicant has been summoned by the court concerned. The applicant has no criminal antecedents. The applicant came to know about the summons issued by the court concerned only on 30.06.2025. The applicant has apprehension of his arrest in the above mentioned 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, considering the nature of accusations and antecedents of the applicant and, in particular, the fact that there is no independent witness to the alleged recovery; at this stage there is no substantive evidence to link the applicant with the offence; the 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. 6. In the event of arrest, the applicant- Mohhd Kallu, 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. 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 :- 11.8.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad