Court No. - 68
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 16366 of 2021 Applicant :- Guddu Opposite Party :- State of U.P.
Counsel for Applicant :- Jitendra Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This anticipatory bail application has been moved seeking bail in Case Crime No.314 of 2020, under Sections 147, 148, 149, 307, 332, 353 IPC, Section 7 Criminal Law Amendment Act, Section 3/5/8 of U.P. Cow Slaughter (Prevention) Act and Section 11 of Animal Cruelty Act, P.S. Khuldabad, District Prayagraj with the prayer that in the event of arrest, applicant may be released on bail.
It has been argued by the learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the above-mentioned case, whereas there is no credible evidence against him. It has been submitted that no recovery has been effected from possession of applicant and that applicant has no connection with alleged recovery of 250 Kg beef. The involvement of applicant has been shown on the basis of statement of co-accused person. Criminal history of nine cases has been shown against applicant and out of them criminal history of seven cases has duly been explained in affidavit. It has further been submitted that no coercive process has been issued against the applicant so far. It has been further submitted that in case, the applicant is granted anticipatory bail he would cooperate during investigation and trial and would obey the conditions of bail.
Learned A.G.A. has opposed the application for anticipatory bail and argued that applicant has long criminal history of nine cases including the case of attempt to murder and Goonda Act and thus, he is not entitled for anticipatory bail Considering the submissions of learned counsel for the parties, long criminal history of applicant and all attending facts of the matter, the applicant Guddu is not entitled for anticipatory bail. Hence the present application for anticipatory bail is hereby rejected.
Order Date :- 20.12.2021 Neeraj