Gulab Alias Dilshad Vs State of U.P. and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6506 of 2025

Versus Gulab Alias Dilshad	.....Applicant(s)
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Jitendra Singh
Counsel for Opposite Party(s)	: G.A.

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Court No. - 69

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HON'BLE VIVEK VARMA, J.

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Supplementary affidavit filed by counsel for the applicant is taken on record.

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Heard counsel for the applicant and Sri V.P. Tripathi, learned A.G.A. for the State. Perused the material placed on record.

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This application has been filed seeking anticipatory bail in Case Crime No. 258 of 2025, under Sections 3/5A/8 of Cow Slaughter Act, Police Station-Jiyanpur, District -Azamgarh.

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Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The name of the applicant was disclosed by co-accused Arshad alias Bahudha, who was apprehended at the spot. The said statement, insofar as it implicates the applicant, is unreliable. False recovery of a calf, a country made pistol and a live cartridge has been shown from co-accused Arshad alias Bahudha. There is no independent witness to the alleged recovery. At this stage, there is no credible evidence to link the applicant with the offence. Criminal history of the applicant has been explained in para no.2 of the supplementary affidavit. Investigation is pending. 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.

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Learned A.G.A. has opposed the prayer for anticipatory bail but could

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NABAIL No. 6506 of 2025

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not satisfactorily dispute the aforesaid submissions from the record.

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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, considering the nature of accusations, antecedents of the applicant and the fact that the name of the applicant was disclosed by co-accused Arshad alias Bahudha, who was apprehended at the spot; there is no independent witness to the alleged recovery and 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 for anticipatory bail till the submission of police report.

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In the event of arrest, the applicant- Gulab @ Dilshad 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.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

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NABAIL No. 6506 of 2025

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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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(Vivek Varma,J.)

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September 23, 2025

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Manish Kr

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Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad

Gulab Alias Dilshad v. State of U.P. and Another

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