Smt Anita Devi vs State Of U.P. And Another
2022 Latest Caselaw 3218 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 85
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1965 of 2022
 

 
Applicant :- Smt Anita Devi
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Mohd. Jamshed Khan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Ajit Singh,J.

Heard learned counsel for applicant and learned A.G.A. for State.

This application for anticipatory bail has been filed by applicant Smt. Anita Devi in connection with Case Crime No. 19 of 2022, under sections 3, 5A, 8, 5 of Cow Slaughter Act, section 11 of Animal Cruelty Act and section 429 I.P.C., P.S. Syed Raja, district-Chandauli.

Learned counsel for the applicant has contended that applicant is absolutely innocent and has been falsely implicated in the present case only just to tarnish her image and injure her reputation in the society. He lastly submits that that there is no criminal history against the applicant, hence she is entitled to be enlarged on anticipatory bail. The applicant has definite apprehension that she may be arrested by the police any time.

Learned A.G.A. has vehemently opposed the prayer for anticipatory bail and submitted that there are prima facie allegations against the applicant and the allegations have not been made to the image and to injure the reputation of the applicant.

Having heard learned counsel for the parties and upon perusal of material brought on record as well as complicity of accused and also judgment of the Apex Court in State of Maharashtra and Another Vs. Mohd. Sajid Husain Mohd. S. Husain and Others, (2008) 1 SCC 213 and in P. Chidambaram Vs. Directorate of Enforcement, AIR 2019 SC 4198, this Court does not find any exceptional ground to exercise its discretionary jurisdiction under Section 438 Cr.P.C.

Accordingly, the present application for anticipatory bail is rejected.

Order Date :- 17.5.2022

Faridul