Allahabad High Court
Ahmad vs State Of U.P. And Anr. on 23 May, 2022
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?dCourt No. - 28
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12428 of 2021
Applicant :- Ahmad
Opposite Party :- State Of U.P. And Anr.
Counsel for Applicant :- Arun Kumar Mishra,Abhishek Mishra,Ishank Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard Sri Abhishek Mishra, learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.
The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.209 of 2021 registered under Sections 3, 5, 8 of U.P. Prevention of Cow Slaughter Act, 1955 at Police Station- Akhandnagar, District Sultanpur with a prayer to enlarge him on anticipatory bail.
As per prosecution story, the co-accused persons, namely, Mohd. Jameel and Sahabdeen, were arrested by the police on 12.08.2021 and 40 Kg beef is said to have been recovered from their possession.
Learned counsel for the applicant has stated that the applicant has been falsely implicated in the case out of local political rivalry. The name of the applicant has come up in the statement of the co-accused persons Mohd. Jameel and Sahabdeen. There are no criminal antecedents of the applicant. The charge-sheet has already been filed against the applicant. Learned counsel for the applicant undertakes that he will cooperate in the trial failing which the State can move appropriate application for cancellation of the anticipatory bail.
The prayer for anticipatory bail have been vehemently opposed by Sri Jayant Singh Tomar, learned A.G.A. on the ground that the F.S.L. report indicates that the said beef belong to cow progeny.
On due consideration to the arguments advanced by learned counsel for the applicant as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicant, the applicant is liable to be enlarged on anticipatory bail in view of the judgment of Supreme Court in the case of "Shri Gurbaksh Singh Sibbia and Others vs. State of Punjab, (1980) 2 SCC 656". The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Ahmad be released forthwith in the aforesaid case crime (supra) on anticipatory bail on furnishing a personal bond of Rs.50,000/- and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. that the applicant shall make himself available for interrogation by a police officer as and when required;
2. that 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 from disclosing such facts to the court or to any police officer or tamper with the evidence;
3. that the applicant shall not leave India without the previous permission of the court;
4. that in default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant;
5. that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;
6. that the applicant shall not pressurize/ intimidate the prosecution witness;
7. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
8. that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.
It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial or deciding the regular bail application.
Order Date :- 23.5.2022
Ravi Kant
