Court No. - 42
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5603 of 2021 Applicant :- Aftab Shah Opposite Party :- State of U.P. Counsel for Applicant :- Kundan Rai Counsel for Opposite Party :- G.A.
Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri Ashok Kumar Lal, Advocate, holding brief of Sri Kundan Rai, learned counsel for the applicant and Sri G.P. Singh, learned AGA for the State.
This Criminal Misc. Anticipatory Bail Application under Section 438 Cr.P.C. has been moved by the applicant seeking anticipatory bail in Case Crime No. 386/2020, under Sections 3/5A/8 of Cow Slaughter Act, Section 11 of Prevention of Cruelty to Animal Act, 1960, Section 8/21 of NDPS Act and Section 25 of Arms Act, Police Station Mahuli, District Sant Kabir Nagar, during the pendency of the investigation.
Learned counsel for the applicant has submitted that the applicant was not named in the FIR and his name has subsequently come. It is further submitted that applicant has apprehension of imminent arrest and in case, applicant is released on anticipatory bail, he will not misuse the liberty and would co-operate with the investigation.
Learned AGA, at the very outset, strongly opposed the bail application and has submitted that in view of the provisions of Section 438 (6) Sub-clause (2) of Cr.P.C. anticipatory bail is not maintainable in the Narcotic Drugs and Psychotropic Substances matter.
In the light of above, looking to the facts and circumstances of this case, submissions of learned counsel for the parties as mentioned above, taking into consideration the role assigned to the applicant as per prosecution case, gravity and nature of accusation, as well as the fact that in Narcotic Drugs and Psychotropic Substances matters anticipatory bail is not maintainable, this Court is of the view that no case for exercising its discretionary power under Section 438 Cr.P.C. is made out in favour of applicant.
Accordingly, present anticipatory bail application under Section 438 Cr.P.C. is rejected.
Order Date :- 31.5.2021 Shekhar