Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13502 of 2021 Applicant :- Babbu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This anticipatory bail application has been given by the applicant Babbu in Case Crime No. 363 of 2021, under Section 3/5/8 of U.P. Prevention of Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animals Act, P.S. Puranpur, District - Pilibhit.
The first information report version is that at the time of incident when the police reached on the spot believing on the information given by an informer, the police found that a cow was tied very tightly with a tree by rope and two persons were standing with knife in their hands. The police alarmed them whereupon they ran away from the place. One of them identified in the light of torch was the accused applicant. On the spot the cow was found bleeding from the horns and from the spot, one axe and two knives were also recovered.
Submission of the learned counsel for the applicant is that the applicant has not been arrested from the spot and nothing has been recovered from him. He has been falsely implicated in the case. There is no evidence that the cow was slaughtered. Therefore, it is a fit case for anticipatory bail.
Learned AGA has vehemently opposed the prayer of bail and submitted that the applicant has been named in the FIR and the weapons used for slaughtering the cow have been recovered from the spot and the applicant has also been identified by the police force. Therefore, there is no ground for anticipatory bail.
Considering the submissions of both sides. It is a case under Prevention of Cow Slaughter Act and Prevention of Cruelty to Animals Act. The forum of regular bail is available to the applicant. The anticipatory bail is not a substitute of a regular bail and the applicant is required to show some extraordinary circumstances and immediate threat of arrest. Nothing has been shown as such. Therefore, I do not find any ground for giving benefit of anticipatory bail, hence the anticipatory bail application filed by the applicant is rejected.
In case the applicant surrenders and gives regular bail application before the appropriate forum, the same shall considered and disposed of expeditiously, preferably on the same day in accordance with law.
Order Date :- 12.8.2021 nd