Ajmeri @ Valiullah @ Mohd. Valiullah Vs State of U.P. Thru. Prin. Secy. Home Lko.

Neutral Citation No. - 2025:AHC-LKO:48070

Court No. - 13

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1038 of 2025

Applicant :- Ajmeri @ Valiullah @ Mohd. Valiullah Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Abhishek Mishra,Ritesh Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Abhishek Mishra, the learned counsel appearing on behalf of the applicant as well as Sri Satyendra Srivastava, the learned A.G.A. appearing on behalf of the State.

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The instant application has been filed by the applicant seeking anticipatory bail in F.I.R./Case Crime No.20 of 2025 under Sections 325 of B.N.S. and Section 3/5/8 of Cow Slaughter Prevention Act and Section 11 of Animal Cruelty Act registered at Police Station- Jalalpur, District- Ambedkar Nagar.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 18.01.2025 stating that the informant found six sacks full of flesh lying in front of an agricultural filed.

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The police claim to have arrested persons on the basis of an information received from a mukhbir. It is alleged that two other persons, including the applicant and Jitendra @ Ninha Rajbhar, who were accompanying them, had escaped.

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In the custodial statement of those two persons, they confessed their involvement in commission of offence along with the applicant and another accused persons.

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In the affidavit filed in support of the anticipatory bail application it has been stated that the applicant is innocent and he has been falsely been implicated in the present case.

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The applicant's involvement in six other criminal cases has been disclosed in para-17 of the affidavit. He has been granted bail in five cases and in one case, his arrest has been stayed by this Court.

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Jitendra @ Ninha Rajbhar, who has also been implicated in the present case on the basis of custodial statement of coaccused persons apprehended by the police, has already been granted bail by means of an order dated 22.07.2025 passed a Co-ordinate Bench of this Court in Crl. Misc. Bail Application No.6715 of 2025.

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The learned A.G.A. has opposed the prayer for bail and he has submitted that the investigation in the case is still going on.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has been implicated on the basis of custodial statement of co-accused persons along with co-accused Jitendra @ Ninha Rajbhar and Jitendra @ Ninha Rajbhar has already been granted bail, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant.

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In view of the above, the anticipatory bail application of the applicants is allowed . In the event of arrest/ appearance of applicant before the learned Trial Court in the aforesaid case crime, he shall be released on bail on furnishing a personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court :

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(i) that the applicant shall make himself/herself available for interrogation by a police officer as and when required;

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(ii) that the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the

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facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence;

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(iii) that the applicant shall not leave India without the previous permission of the court.

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(iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and

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(v) that the applicant shall not pressurize/ intimidate the prosecution witness.

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[Subhash Vidyarthi, J.]

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Order Date :- 18.8.2025

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-Amit K-

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Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Ajmeri @ Valiullah @ Mohd. Valiullah v. State of U.P. Thru. Prin. Secy. Home Lko.

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Ajmeri @ Valiullah @ Mohd. Valiullah v. State of U.P. Thru. Prin. Secy. Home Lko.

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