Rauf Khan & Anr. v. State of U.P

Pursuant to the earlier order dated 01.8.2025, Ms. Pragya Pathak, A.C.P., Kotwali, District Commissionerate Varanasi and Sri Daya Shankar Singh, Investigating Officer/S.H.O., Kotwali, Varanasi are present in person along with the case diary.

Heard counsel for the applicants, Sri Anupam Anand, learned brief holder for the State and perused the material placed on record.

This application has been filed seeking anticipatory bail in Case Crime No.100 of 2025, under Sections 3/5A/8 of Prevention of Cow Slaughter Act, 1955 and Section 109 B.N.S., 2023 and Section 3/25 of Arms Act, Police Station Ramnagar, District Varanasi.

Counsel for the applicants submits that the applicants have been falsely implicated in the present case. The name of the applicant no.1 was disclosed by co-accused Arif, Gulfam and Sadab, who were arrested at the spot. The said statements, insofar as they implicate the applicant no.1, are unreliable. The applicant no.2 is the owner of the alleged vehicle. False recovery of 5 live cows, 22 live buffaloes, a country made pistol and a live cartridge has been shown. There is no independent witness to the alleged recovery. In the alleged incident no police personnel has received any injury. At this stage, there is no credible evidence to link the applicants with the offence. The applicants have no criminal antecedents. It is next submitted that the investigation is going on and the applicants have apprehension of their arrest in the above mentioned case. In case the applicants are granted anticipatory bail, they will not misuse the said liberty.

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

Counsel for the applicants further submits that the application for grant of anticipatory bail be confined only till the submission of police report.

Having regard to the submissions made, considering the nature of accusations, antecedents of the applicants and the fact that the name of the applicant no.1 was disclosed by co-accused Arif, Gulfam and Sadab, who were arrested at the spot, the applicant no.2 is the owner of the alleged vehicle, there is no independent witness to the alleged recovery, in the alleged incident no police personnel has received any injury, at this stage, there is no substantive evidence to link the applicants with the offence, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail till the submission of police report.

In the event of arrest, the applicants- Rauf Khan and Tamsheel 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 applicants shall make themselves available for interrogation by a police officer as and when required; (ii) The applicants 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 applicants shall not leave India without the previous permission of the Court and if they have passports, the same shall be deposited by them before the S.S.P./S.P. concerned.

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 applicants.

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 applicants.

The applicants are directed to produce a copy of this order before the A.C.P. concerned within ten days from today, who shall ensure the compliance of present order.