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2025 DAILYLAW 95303 (ALL)

VASHISTHA KUSHWAHA v. STATE OF U.P. AND ANOTHER

NABAIL/7525/2025 · 2025-09-22

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. - 7525 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant as well as Sri Neeraj Kumar Sharma, learned A.G.A. for the State and perused the material available on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 166 of 2025, under Sections 3/5A/8 Prevention of Cow Slaughter Act and Section 11 Prevention of Cruelty to Animals Act, Police Station Tarkulwa, District Deoria. 3. Counsel for the applicant contends that the applicant has been falsely implicated in the present case. The name of the applicant was disclosed by co-accused Vyas Muni Kushwaha and Vinay Sheel, who were apprehended at the spot. The said statements, insofar as they implicates the applicant, are unreliable. False recovery of four live cow has been shown. There is no independent witness to the alleged recovery. At this stage, thee is no credible evidence to link the applicant with the offence. The applicant has no criminal antecedents. The investigation is going on 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. Versus Counsel for Applicant(s) : Vinay Kumar Mishra Counsel for Opposite Party(s) : G.A. Vashistha Kushwaha .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 4. Learned A.G.A. 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, in particular the fact, that the name of the applicant was disclosed by co-accused Vyas Muni Kushwaha and Vinay Sheel, 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. 6. In the event of arrest, the applicant Vashistha Kushwaha 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 co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation; (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 the country during the currency of trial without prior permission from the concerned trial Court. (iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court. (v) The applicant shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. NABAIL No. 7525 of 2025 2 (vi) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 B.N.S.S. 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 23, 2025 Lbm/- NABAIL No. 7525 of 2025 3 (Vivek Varma,J.) Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad