Allahabad High Court
Ashif @ Mohd. Ashik And 2 Others vs State Of U.P. on 1 August, 2019
Bench: Ramesh Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30977 of 2019
Applicant :- Ashif @ Mohd. Ashik And 2 Others
Opposite Party :- State Of U.P.
Counsel for Applicant :- Praveen Kumar Singh,Syed Imran Ibrahim
Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri S.I. Ibrahim, learned counsel for the applicants, Sri Irshad Hussain, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that the applicants are said to have fleen from the place of occurrence but there is no allegation of slaughtering of the animals. There appears to be one single case against the applicants and there was no allegation of slaughtering against applicant nos.1 and 3 who have been granted bail by the court below on 30.10.2018, copy of which is annexed on page 27-28 of the present bail application.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the fact that they have no criminal antecedents, the applicants are entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicants Ashif @ Mohd. Ashik, Kayyum and Taslim, involved in Case Crime No.239 of 2019, u/s 11 of Prevention of Cruelty to Animals Act, 1960 and 3/8 U.P. Prevention of Cow Slaughter Act, 1955, P.S. Jahanabad, district Pilibhit, they shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C. before the competent Court on furnishing personal bonds 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 office 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 office;
(iii) the applicants shall not leave India without the previous permission of the Court and if they have passport, 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 certified copy of this order independently without being prejudice 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 certified 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.
Order Date :- 1.8.2019
Gaurav
