ZEESHAN ALIAS CHHOTEY BHAIYA v. STATE OF U.P. AND ANOTHER
NABAIL/7685/2025 · 2025-09-25
Vivek Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 98077 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 98077 (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. - 7685 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J.
1. Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 14 of 2024, under section 3, 5, 8 of The U.P. Prevention of Cow Slaughter Act, Police Station- Moolganj, District- Kanpur Nagar. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. False recovery of cow meat and other articles has been shown from an e-rickshaw, which does not belong to the applicant. There is no independent witness to the alleged recovery. No such incident had occurred. During the course of investigation, the applicant was granted protection till submission of police report under Section 173(2) Cr.P.C. vide order dated 6.8.2024 passed in Criminal Misc. Writ Petition No. 13382 of 2024 (Zeeshan @ Chhotey Bhaiya vs. State of U.P. and 2 others). Investigation has been completed. Charge-sheet has been filed. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has been summoned by the concerned court. The criminal history of the applicant has been explained in paragraph nos. 26, 27 and 28 of the bail application. 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. 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 by learned counsel for the Versus Counsel for Applicant(s) : Bal Ram Gupta, Devendra Kumar Misra Counsel for Opposite Party(s) : G.A. Zeeshan Alias Chhotey Bhaiya .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
applicant, considering the nature of accusations and the fact that there is no independent witness to the alleged recovery, the fact that during the course of investigation, the applicant was granted protection till submission of police report by this Court, 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. In the event of arrest, the applicant Zeeshan @ Chhotey Bhaiya, 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 26, 2025 S.S.
NABAIL No. 7685 of 2025 2 (Vivek Varma,J.) Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad