Saddam @ Mohd. Saddam Qureshi Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Neutral Citation No. - 2025:AHC-LKO:21892

Court No. - 13

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 324 of 2025

Applicant :- Saddam @ Mohd. Saddam Qureshi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Arti Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Manish Mathur,J.

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Supplementary affidavit filed today is taken on record.

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Heard learned counsel for applicant and learned Additional Government Advocate appearing on behalf of opposite party no.1.

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In view of order being passed, notices to opposite party no.2 stand dispensed with.

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First bail application has been filed with regard to F.I.R.No.033 of 2025 under Section 3/5A/8 of U.P. Prevention of Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animals Act, 1960, P.S. Baldirai, District Sultanpur.

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As per contents of first information report, the incident is said to have taken place on 14.02.2025 when a police party acting upon a tip off by a police informer raided a particular place and allegedly recovered cattle from applicant and co-accused.

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It has been submitted that applicant has been falsely implicated in the charges levelled against him and in fact the cattle even as per contents of F.I.R. were alive and well at the time of raid. It is submitted that applicant was neither apprehended from the spot nor is there any recovery from him. It is submitted that previous criminal history of applicant has been explained in supplementary affidavit filed in support of the bail application.

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Learned Additional Government Advocate has opposed anticipatory bail with submission that contents of F.I.R. clearly indicate complicity of applicant in the charges levelled against him.

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Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, prima facie, subject to further evidence being collected during investigation, it is evident from a perusal of F.I.R. that the cattle allegedly recovered by police team was alive and well and therefore the aspect of U.P. Prevention of Cow Slaughter Act being applicable would be a subject matter of evidence. The applicant does not appear to have been apprehended from the spot nor is there any recovery from him. Previous criminal history has been explained. Thus, in view of law laid down by Hon'ble the Supreme Court in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5

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SCC 1, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C./482 BNNS.

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In view of above, interim anticipatory bail is granted to applicant providing that in the event of arrest, applicant Saddam @ Mohd. Saddam Qureshi shall be released on bail on his/her furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned subject to following conditions:-

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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 facts of the case so as to dissuade him/her 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(s) shall not leave India without the previous permission of the court;

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(iv) that in case charge-sheet is submitted the applicant(s) shall not tamper with the evidence during the trial;

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

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

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(vii) that in case of breach of any of the above conditions, benefit of this order would not be available to applicant(s).

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In case of default, it would be open for the investigating agency to move application for vacation of this order.

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The application as such stands disposed of.

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Order Date :- 18.4.2025 kvg/-

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Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench

Saddam @ Mohd. Saddam Qureshi v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

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Saddam @ Mohd. Saddam Qureshi v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

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