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2025 DAILYLAW 98540 (ALL)

MOHD. JAMEER v. STATE OF U.P. AND ANOTHER

NABAIL/7706/2025 · 2025-09-18

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. - 7706 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Statement of named co-accused Mushahid produced by learned AGA for the State, is taken on record. 2. 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. 3. This application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No.404 of 2024, under sections 318(4), 325 B.N.S. and 11 of Prevention of Cruelty to Animals Act, 1960, P.S. Bhojpur, District Moradabad. 3. Counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the present case. The name of the applicant was disclosed by co-accused Mushahid. The said statement, insofar as it implicates the applicant, is unreliable. False recovery of beef has been shown. There is no independent to the alleged recovery. The co-accused Mushahid has been granted anticipatory bail by this court vide order dated 9.6.2025 passed in Criminal Misc. Anticipatory Bail Application No. 2015 of 2025. Further, during pendency of the investigation the applicant was granted Versus Counsel for Applicant(s) : Prakhar Srivastava Counsel for Opposite Party(s) : G.A. Mohd. Jameer .....Applicant(s) State of U.P. and Another .....Opposite Party(s) protection of Section 35 B.N.S.S. The investigation has been completed. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has been summoned by the concerned Court. The applicant has no criminal antecedents. 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. 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 and the fact that the applicant was not named in the first information report, the name of the applicant was disclosed by co-accused Mushahid, there is no independent to the alleged recovery, the co-accused Mushahid has been granted anticipatory bail by this court, during pendency of the investigation the applicant was granted protection of Section 35 B.N.S.S., the fact that 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 for anticipatory bail till conclusion of trial. 6. In the event of arrest, the applicant Mohd. Jameer, 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 and every 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; NABAIL No. 7706 of 2025 2 (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 his 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 19, 2025 S.S. NABAIL No. 7706 of 2025 3 (Vivek Varma,J.) Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad