Allahabad High Court
Rasheed And Another vs State Of U.P. And Another on 5 October, 2023
Bench: Syed Aftab Rizvi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:193137
Court No. - 53
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8513 of 2023
Applicant :- Rasheed And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Rakesh Kumar Verma
Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
1. Heard Mr. Rakesh Kumar Verma, the learned counsel for applicant, the learned A.G.A. for the State and perused the record.
2. The present anticipatory bail application has been filed on behalf of the applicant in Case No.40168 of 2022 (State Vs. Rashid & others) arising out of Crime No. 326 of 2021, registered under Sections 3/5/8 U.P. Prevention of Cow Slaughter Act, 1955, Police Station- Dilari, District- Moradabad with a prayer to enlarge him on anticipatory bail during pendency of trial.
3. Prosecution case is that the police party conducted a raid on the information received from the police informer and recovered 3 Kg of Beef. The accused persons namely Rashid, Sagir and Aneesh Ahmad succeeded in fleeing from the spot.
4. It is submitted by the learned counsel for applicant that although applicants are named in the FIR but they were not present at the place of occurrence. They have been falsely implicated by the Police. There is no credible evidence against the applicants regarding their involvement in the case. Applicants have no criminal history except the present case. The applicant were granted anticipatory bail vide order dated 14.03.2022 and 20.5.2022 till the submission of the charge-sheet. Now, the charg-sheet has been submitted and the applicants have not misused the liberty of anticipatory bail granted earlier. Custodial interrogation was not required. Lastly, it is contended that the applicants undertake that they will not misuse the liberty of bail and will cooperate in the trial.
5. Per contra, learned AGA has opposed the prayer for anticipatory bail and submitted that applicant is named in the FIR and 3 Kg of beef was recovered from the spot altough, applicant managed to flee from the spot. Learned AGA has not disputed the fact that anticipatory bail was granted and now charge-sheet has been submitted.
6. Considering rival submissions advanced by learned counsel for the parties, the nature of allegations made in the F.I.R., gravity of the offence and other material available on record and, taking into consideration the fact that there is no criminal history of the applicants and they were on bail during investigation and has not misused the liberty of bail and they are entitled to be released on anticipatory bail in view of the judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1".
7. In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Rasheed and Sageer be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i). that 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 him from disclosing such facts to the court;
(ii). that the applicants shall not leave India without the previous permission of the court;
(iii). that the applicants shall not pressurize/ intimidate the prosecution witness;
(iv). that the applicants shall appear before the trial court on each date fixed unless personal presence is exempted;
(v). that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.
8. It is made clear that observations made here-in-above are exclusively for deciding the instant anticipatory bail application and shall not affect the trial.
Order Date :- 5.10.2023
Md Faisal
