Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13503 of 2021 Applicant :- Ibrahim Opposite Party :- State of U.P.
Counsel for Applicant :- Nayab Ahmad Khan 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 Ibrahim in Case Crime No. 48 of 2021, under Section 3/5A/8 of U.P. Prevention of Cow Slaughter Act and Section 3 & 11 of Prevention of Cruelty to Animals Act, P.S. Phoolpur, District - Azamgarh.
The first information report version is that eleven cows were recovered by the police, on the information given by a police informer. Their legs were tied by rope. The accused was identified by the police informer by name. The number of cows, which were recovered from the truck, were twenty two.
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 applicant has also been identified by the police informer. Therefore, there is no ground for anticipatory bail.
Considering the submissions of both sides. It is a case under the U.P. 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