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2025 DAILYLAW 90655 (ALL)

MOHD ATIF v. STATE OF U.P. AND 2 OTHERS

NABAIL/7104/2025 · 2025-08-31

Vivek Varma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7104 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant as well as Sri V.P.Tripathi, learned AGA for the State, and perused the material placed on record. 2. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 252 of 2025, under Sections 3/5A/8 U.P. Prevention of Cow Slaughter Act, 1995, Section 11 Prevention of Cruelty to Animals Act, Sections 4, 5 of Explosives Act and Section 109(1) BNS, Police Station Handiya, District Prayagraj. 3. 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 co-accused Mohd. Shamim and Shakil Ahmad, who were apprehended at the spot. The said statements, insofar as they implicates the applicant, is unreliable. Recovery of livestock has been shown from a pick- up vehicle and country made bombs has been shown from the personal possession of the two co-accused, who were arrested at the spot. It is contended that the recovery is false and planted. There is no independent witness to the alleged recovery. At this stage, there is no credible evidence to link the applicant with the offence. Criminal history of the applicant has been explained in para 17 of the affidavit. It is next submitted that the investigation is pending and the applicant has apprehension of his arrest in the above mentioned case. 4. Learned AGA opposed the prayer for anticipatory bail but could not Versus Counsel for Applicant(s) : Ram Krishna, Sourabh Mishra Counsel for Opposite Party(s) : G.A. Mohd Atif .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) satisfactorily dispute the aforesaid submissions from the record. 5. Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 6. Having regard to the submissions made, considering the nature of accusations and antecedents of the applicant, in particular the fact, that the name of the applicant was disclosed by co-accused Mohd. Shamim and Shakil Ahmad, who were apprehended at the spot; there is no independent witness to the alleged recovery; 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 for anticipatory bail till the submission of police report. 7. In the event of arrest, the applicant- Mohd. Atif be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193 (3) BNSS, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicant shall make himself available for interrogation by a police officer as and when required; (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 him from disclosing such facts to the Court or to any police officer; (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 S.S.P./S.P. concerned. 8. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 9. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period NABAIL No. 7104 of 2025 2 of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. 10. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. 11. The application stands disposed of. September 1, 2025 Lbm/- NABAIL No. 7104 of 2025 3 (Vivek Varma,J.) Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad