Disposed¶20

Riyaz Ahmad v. State of U.P. through Secretary, Home Department, Lucknow and Another

Allahabad HC27 May 2025ABAIL/578/2025

Case brief

AI extract

What is this about?

Riyaz Ahmad anticipatory bail Section 438 Cr.P.C.; Case Crime No. 0202 of 2025; Sections 3/5 Kha U.P. Cow Slaughter Prevention Act; P.S. Biswan District Sitapur; cow slaughter FIR on suspicion; no recovery against applicant; protection till filing of police report under section 173(2) Cr.P.C.; Sushila Aggarwal (2020)5 SCC 1 relied upon; personal bond two sureties; Manish Mathur J.; Allahabad High Court Lucknow Bench; order dated 27.5.2025; neutral citation 2025:AHC-LKO:31458.

What did the court decide?

Anticipatory bail protection in Case Crime No. 0202 of 2025: in the event of arrest, release on personal bond with two sureties each in the like amount, with liberty protected till filing of police report under section 173(2) Cr.P.C., subject to the four stated conditions. ¶20

Riyaz Ahmad vs State of U.P. through Secretary, Home… — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant is entitled to protection by way of anticipatory bail under Section 438 Cr.P.C. in Case Crime No. 0202 of 2025 under Sections 3/5 Kha of U.P. Cow Slaughter Prevention Act, where he was allegedly neither apprehended from the spot nor is there any recovery against him, the FIR appears lodged on suspicion, and the investigation is ongoing.

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Court's answer

Prima facie, the applicant has neither been apprehended from the spot nor is there any recovery against him; the FIR itself appears to have been lodged on the basis of suspicion, and the investigation is still ongoing in which the applicant undertakes to cooperate.

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Ratio / Principle

Without expressing any opinion on the merits, the liberty of the applicant may be protected till filing of the police report under section 173(2) Cr.P.C., in view of the dictum of the Supreme Court in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1.

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Key takeaways

In the event of arrest, the applicant Riyaz Ahmad shall be released on anticipatory bail in the aforesaid Case Crime number on furnishing a personal bond with two sureties each in the like amount, subject to conditions: cooperation in investigation and non-influence of witnesses; presence when called by arresting officer/I.O./S.H.O.; no departure from India without prior permission of the Court; and in case of default the investigating agency may move for vacation of the protection.ratio¶15

Detailed headnote1 paragraphs

Anticipatory bail — S. 438 Cr.P.C. — Case Crime No. 0202 of 2025, Sections 3/5 Kha, U.P. Cow Slaughter Prevention Act, P.S. Biswan, District Sitapur — applicant neither apprehended from the spot nor any recovery against him; FIR lodged on basis of suspicion; investigation ongoing — liberty of applicant protected till filing of police report under section 173(2) Cr.P.C. in view of dictum in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 — in event of arrest, release on personal bond with two sureties each in like amount, subject to conditions (cooperation in investigation, no influencing witnesses, presence when called, no leaving India without permission, vacation of protection on default) — application disposed of.

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Neutral Citation No. - 2025:AHC-LKO:31458

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Court No. - 13

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 578 of 2025

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Applicant :- Riyaz Ahmad Opposite Party :- State Of U.P. Through Secretary, Home Department, Lucknow And Another Counsel for Applicant :- Devendra Pratap,Shashank Shekhar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Manish Mathur,J.

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Heard learned counsel for applicant and learned Additional Government Advocate appearing on behalf of State.

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In view of order being passed, notice to opposite party no.2 stands dispensed with.

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This first anticipatory bail application has been filed with regard to Case Crime No. 0202 of 2025 under Sections 3/5 Kha of U.P. Cow Slaughter Prevention Act, Police Station Biswan, District Sitapur.

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As per contents of First Information Report, the informant allegedly apprehended one Salman on 27.04.2025 with live cattle in his possession. Allegation levelled is that the said person was taking the cattle for slaughter.

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It is submitted that applicant has been falsely implicated in allegations levelled against him and there is no specific role assigned to the applicant either having possession of cattle or having any role in preparation for slaughter. It is submitted that even otherwise the FIR has been lodged only on the basis of suspicion. It is submitted that applicant does not have any previous criminal history and undertakes to cooperate in investigation which is still ongoing.

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Learned AGA has opposed anticipatory bail application but does not dispute the said facts.

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Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that applicant has neither been apprehended

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from the spot nor is there any recovery against him. The FIR itself appears to have been lodged on the basis of suspicion. The investigation is still ongoing in which he undertakes to cooperate.

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Without expressing any opinion on the merits of the case, I am of the opinion that the liberty of the applicant may be protected till filing of police report under section 173(2) Cr.P.C. in view of dictum of Hon'ble the Supreme Court in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 .

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In view of the above, it is provided that in the event of arrest, the applicant, Riyaz Ahmad, shall be released on anticipatory bail in aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of court concerned with the following conditions:-

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(1) The applicant shall cooperate in the investigation and he will not influence the witnesses.

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(2) The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call (s) for investigation/interrogation.

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(3) The applicant shall not leave India without previous permission of the Court.

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(4) In case of default, it would be open for the investigating agency to move application for vacation of this protection.

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The application stands disposed of.

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Order Date :- 27.5.2025 Renu/-

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Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench

Riyaz Ahmad v. State of U.P. through Secretary, Home Department, Lucknow and Another

Case brief

What is this about?

What did the court decide?

Riyaz Ahmad v. State of U.P. through Secretary, Home Department, Lucknow and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Cases cited

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