Haji Kasim vs State of U.P.

The present application has been moved seeking anticipatory bail in Case Crime no. 20 of 2014 under Section 3/5/8 of Prevention of Cow Slaughter Act, Police Station Khurja Dehat, District Bulandshahar with the prayer that in the event of arrest, the applicant may be released on bail.

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It is contended by learned counsel for the applicant that applicant was not arrested during investigation as his arrest was stayed by Division Bench of this Court vide order dated 20.2.2014 passed in Crl. Misc. Writ Petition No. 3579 of 2014. It is further submitted that applicant had no knowledge of the proceedings of the case and now bailable warrants have been issued against him. It is further submitted that nothing has been recovered from possession of the applicant and as per the FIR, 14 cows and some slaughtering instruments are said to have been recovered by the police but no one has been arrested and name of the applicant has surfaced during investigation. It is also submitted that applicant has no criminal history to his credit and he undertakes to co-operate during trial and he would appear as and when required by the investigating agency or Court and in case he is granted anticipatory bail, he shall not misuse the liberty of bail and would obey all conditions of bail.

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NABAIL No. 9518 of 2025

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On the other hand, learned A.G.A. submits that he has not received instructions in the matter as yet.

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Learned counsel for the applicant submits that on the last occasion also, learned AGA had no instructions in the matter.

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It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, the Court must consider nature and gravity of accusation, antecedents of the accused, possibility of accused to flee from justice and that Court must evaluate the entire available material against the accused carefully and the exact role of accused has also to be taken into consideration.

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Considering the submissions of learned counsel for the parties and all attending facts and circumstances of the case, let the applicant Haji Kasim in the event of his arrest, be released on interim anticipatory bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned till 15.12.2025 with the following conditions :-

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(i) The applicant shall not tamper with evidence and that he would appear before the trial Court on the date fixed unless exempted by the Court concerned;

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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 him/her/them from disclosing such facts to the Court or to any police officer;

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(iii) The applicant would co-operate during trial and would not misuse the liberty of bail.

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(iv) The applicant shall not leave India without prior permission of the Court concerned.

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In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of the interim anticipatory bail granted to the applicant.

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NABAIL No. 9518 of 2025

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