Allahabad High Court
Mohd. Abrar vs State Of U.P. Thru. Prin. Secy. ... on 28 February, 2023
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 12
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 512 of 2023
Applicant :- Mohd. Abrar
Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home, Lko. And Another
Counsel for Applicant :- Syed Mohd. Kasif,Mohd.Imran Khan
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
The applicant has moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in Case Crime No.300 of 2022 under sections 3/5/8 of U.P. Prevention of Cow Slaughters Act, P.S. Thakurganj, district Lucknow.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It is alleged in the prosecution case that on 19.6.2022, the police stopped a vehicle No.UP32 BZ 6568 wherein three persons Shanu, Furgan and Furqan alias Arif were boarded. In the confessional statement before the police, they have stated that they have transported the flesh from Banthara and sold it to earn profit. They have also disclosed name of other accused persons, including present applicant and stated that they are also involved in selling of prohibited meat. It is alleged that 2.5 quintal prohibited meat was recovered from the said vehicle.
It is submitted that the investigation qua the applicant is still pending. Nothing has been recovered from the applicant. Name of the applicant has surfaced in the confessional statement of the co-accused.
Learned counsel further undertakes on behalf of the applicant that the applicant shall cooperate in the investigation.
Learned A.G.A. has opposed the prayer made by the applicant's counsel, however, he does not dispute the aforesaid fact.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the undertaking given on behalf of the applicant that he shall cooperate in the investigation, the name of the applicant has figured in the confessional statement of the co-accused, I am of the opinion that in the event of arrest, the applicant is entitled to be enlarged on anticipatory bail in this case in the light of judgment of Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another (2020)5 SCC 1, subject to his cooperation in the investigation.
In view of the above as also keeping in view of the judgment in Sushila Aggarwal vs. State (NCT of Delhi) 2020 SCC OnLine 98, it is provided that till filing of the police report, in the event of arrest, the applicant shall be enlarged on anticipatory bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the arresting officer/S.H.O. concerned.
The applicant shall cooperate in the investigation/trial and he will not influence the witnesses. The accused-applicant will remain present as and when the arresting officer /I.O./ S.H.O. concerned call (s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court.
In case of default, it would be open for the investigating agency to move application for vacation of this order.
In view of the aforesaid, the anticipatory bail application is allowed.
Order Date :- 28.2.2023
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