MOHD. AABU v. STATE OF U.P. THOUGH IT PRINCIPAL SECRETARY (HOME)LUCKNOW AND ANOTHER
NABAIL/6963/2025 · 2025-09-17
Vivek Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 89882 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 89882 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6963 of 2025 Court No. - 69 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 with the prayer to grant anticipatory bail to the applicant in Case Crime No. 245 of 2018, under sections 3/5/8 of the U.P. Prevention of Cow Slaughter Act and Sections 269, 270, 429 of I.P.C., Police Station- Charthawal, District- Muzaffar Nagar. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. False recovery of cow meat has been shown. There is no independent witness to the alleged recovery. During the course of investigation, the applicant was granted the benefit of Section 41-A of Cr.P.C. 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 criminal history of the applicant has been explained in para no. 26 of the affidavit and para no. 2 of the supplementary affidavit. The applicant came to know about pending proceedings before the court concerned only in the month of June, 2025. 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. Versus Counsel for Applicant(s) : Atul Kumar Counsel for Opposite Party(s) : G.A. Mohd. Aabu .....Applicant(s) State Of U.P. Though It Principal Secretary (Home)Lucknow And Another .....Opposite Party(s)
4. Learned A.G.A. has 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 the fact that there is no independent witness to the alleged recovery; during the course of investigation, the applicant was granted the benefit of Section 41-A of Cr.P.C.; 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. 6.
6. In the event of arrest, the applicant Mohd. Aabu, 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. 7. 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. September 18, 2025 Sachin Mishra NABAIL No. 6963 of 2025 2 (Vivek Varma,J.) Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad