Imtiyaz Chaudhary Alias Intezar Hussain v. State of U.P

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7688 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J.

¶1Heard counsel for the applicant as well as Sri N.K. Sharma, learned A.G.A. for the State and perused the material placed on record.

¶2This application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No.166 of 2025, under sections 3/5A/5B/8 Cow Slaughter and Prevention Act and Section 11 Animal Cruelty Act and Section 109, 3(5), 325 B.N.S., and Section 3/25 Arms Act, P.S. Lanka, District Varanasi.

¶3Counsel 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 Mohd. Hasan, Nazimuddin, Ali Sher and Goonga, who were apprehended at the spot. The said statements, insofar as, they implicate the applicant, are unreliable. False recovery of 17 live and 3 dead ox, 3 live and one dead cow has been shown. 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 applicant has no criminal antecedents. Investigation is pending and 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.

¶4Learned A.G.A. for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. Versus Counsel for Applicant(s) : Anand Kumar Singh Counsel for Opposite Party(s) : G.A. Imtiyaz Chaudhary Alias Intezar Hussain .....Applicant(s) State of U.P. .....Opposite Party(s)

¶5Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report.

¶6Having 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 Mohd. Hasan, Nazimuddin, Ali Sher and Goonga, who were apprehended at the spot, there is no independent 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 for anticipatory bail till the submission of police report.

¶7In the event of arrest, the applicant Imtiyaz Chaudhary @ Intezar Hussain 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:-

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

(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;

(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.

¶8In 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.

¶9The 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 NABAIL No. 7688 of 2025 Court while considering and deciding the present anticipatory bail application of the applicant.

¶10The 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.

¶11The application stands disposed of. September 26, 2025 S.S. NABAIL No. 7688 of 2025 (Vivek Varma,J.) High Court of Judicature at Allahabad