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2025 DAILYLAW 94522 (ALL)

MD ASGAR QURAISHI v. STATE OF U.P.

NABAIL/7523/2025 · 2025-09-14

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. - 7523 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Heard counsel for the applicant as well as Sri N.K. Sharma, learned A.G.A. for the State and perused the material placed on record. 2. This application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No.176 of 2024, under section 3/5A/5B/8 Cow Slaughter Act and Section 11 Prevention of Cruelty to Animals Act, P.S. Syedraja, District Chandauli. 3. 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 Dhananjaya, who was apprehended at the spot. The said statement, insofar as it implicates the applicant, is unreliable. False recovery of live-stock has been shown. There is no independent witness to the alleged recovery. Further, the co-accused Mohammad Safaat Hussain has been granted anticipatory bail by this Court vide order dated 13.11.2024 passed in Criminal Misc. Anticipatory Bail Application No. 10587 of 2024. At this stage, there is no credible evidence to link the applicant with the offence. The applicant has no criminal antecedents. Investigation is pending and 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. 4. Learned A.G.A. for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. Versus Counsel for Applicant(s) : Kshitij Tiwari Counsel for Opposite Party(s) : G.A. Md Asgar Quraishi .....Applicant(s) State of U.P. .....Opposite Party(s) 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, antecedents of the applicant and the fact that the name of the applicant was disclosed by co-accused Dhananjaya, who was apprehended at the spot, there is no independent witness to the alleged recovery, the co- accused Mohammad Safaat Hussain has been granted anticipatory bail by this Court, 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 Md Asgar Quraishi be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under section 173 (2) Cr.P.C. 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 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 of three months from the date of production of a copy of this order NABAIL No. 7523 of 2025 2 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 15, 2025 S.S. NABAIL No. 7523 of 2025 3 (Vivek Varma,J.) Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad