Kaliya vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:62160

Court No. - 69

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1169 of 2025

Applicant :- Kaliya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramkripal Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Vakalatnama and Supplementary affidavit, filed by Sri Ramashankar Yadav, Advocate, are taken on record.

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Heard Sri Ramashankar Yadav, counsel for the applicant as well as learned A.G.A. for the State and perused the material placed on record.

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The present application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No.25 of 2024, under section 3/5A/8 Cow Slaughter Act and 11 of Animal Cruelty Act, P.S. Adalhat, District Mirzapur.

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Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant is the owner of the alleged vehicle bearing registration no.UP16H9922. False recovery of live stock has been shown from alleged vehicle. There is no independent witness to the alleged recovery. At this stage, there is no credible evidence to link the applicant with the offence. The criminal history of the applicant has been explained in para 2 of the supplementary affidavit. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case.

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Learned A.G.A. for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report.

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Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, the fact that there is no independent

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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 to be enlarged on anticipatory bail till the submission of police report.

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In the event of arrest, the applicant Kaliya be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under section 193 (3) B.N.S., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-

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(i) The applicant shall make himself available for interrogation by a police officer as and when required;

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(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;

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(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 S.S.P./S.P. concerned.

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In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

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The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.

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The application stands disposed of.

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Order Date :- 24.4.2025 S.S.

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Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad

Kaliya v. State of U.P. and Another

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Kaliya v. State of U.P. and Another

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