Guljar Alias Guljar Beg vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 1896 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 12
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2124 of 2022
 

 
Applicant :- Guljar Alias Guljar Beg
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Dept. U.P. Civil Secrett. Lko.
 
Counsel for Applicant :- Shameem Jahan
 
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.174 of 2022 under sections 3/5A/8 of U.P Prevention of Cow Slaughter Act and 11 of the Prevention of Cruelty to Animals Act, P.S. Sangrampur, district Amethi.

Heard Ms. Arti Shukla, learned counsel for the applicant, who has filed supplementary affidavit today in court, which is taken on record, and learned A.G.A. for the State.

As per the prosecution case, after receiving information from the informant on 14.8.2022 that behind the house of Ram Baran Vishwakama at an empty place, some people are collecting cows after tying their limbs and mouth for cow slaughter. The police raided and caught one person. The remaining four accused ran towards the field. The arrested accused was Vishal Saroj. He has told the police that applicant along with others were the persons who have fled away. Said Vishal confessed his guilt.

It is submitted on behalf of the applicant that the applicant is innocent. He has been falsely implicated. The name of the applicant has surfaced in the confessional statement of the co-accused in police custody which cannot be regarded as evidence. There is no independent witness. All the four co-accused persons have been enlarged onregular bail. The investigation is going on. He undertakes to cooperate in the investigation/trial.

Learned A.G.A. has opposed the prayer made by the applicant's counsel.

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 and gravity of offence, as also keeping in view that the name of the applicant has surfaced in the confessional statement of the co-accused, I am of the opinion that the applicant is entitled to be released on 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, in the event of arrest, the accused applicant is directed to be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of concerned SHO/I.O., with the following conditions.

(i) 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 tamper with the evidence;

(ii) The applicant shall not leave India without the previous permission of the concerned SHO/court;

(iii)The applicant shall not pressurize/ intimidate the prosecution witness;

(iv)The applicant shall appear before the investigating officer/the trial court on each date fixed unless personal presence is exempted;

(v) In case of breach of any of the above conditions the prosecution shall be at liberty to move this court for cancellation of liberty granted by this Court.

In view of the aforesaid, the anticipatory bail application is allowed.

Order Date :- 18.1.2023

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