Heard learned counsel for the applicants and learned AGA for the State and perused the record.
This anticipatory bail application has been filed by the applicants Ikram @ Baba and Imran in Case Crime No. 143 of 2021, under section 3/5/8 of U.P. Cow Slaughter Prevention Act and Section 11 of Prevention of cruetly to Animal Act, P.S. Dilari, District Moradabad.
The FIR version is that on 30.5.2021 the police was engaged in patrolling duty and when they reached the place of occurrence, by police informer it was informed that 6 or 7 persons in order to slaughter has taken an Ox towards forest. The police reached there and on the pointing of the police informer, they saw that the named six accused persons have tied the Ox in a very cruel way and were prepared to slaughter the Ox. Three persons were arrested from the spot and other four escaped from the place. The persons arrested on spot and their names and they also told whereabouts of the appellants who were escaped, therefore, the FIR was lodged.
Submission of the learned counsel for the applicants is that the appellants have not been arrested on spot, nor any Ox have been recovered from their possession. It has been further submitted that it is a case of false implication and, therefore, they are entitled for the benefit of anticipatory bail. It is further submitted that applicants are prepared to furnish sureties and bonds, there is no possibility of their either fleeing away from the judicial process or tampering with the evidence.
Learned AGA has vehemently opposed the prayer of bail and has submitted that the investigation is continuing and appellants have criminal history of same nature.
Considered the submissions of both the sides. The ground which has been taken in the anticipatory bail will be available to the appellants if they go for regular bail. It is pertinent to mention that the anticipatory bail is not a substitute of a regular bail and for it, some extraordinary circumstances are required in comparison to regular bail. There should be some special reason for taking recourse of the provisions of anticipatory bail. There must also be a threat of arrest of the accused. The applicants have not been able to show any real threat of arrest or any extraordinary circumstances, as such, I do not find any ground for giving benefit of anticipatory bail, hence the anticipatory bail application filed by the applicants is rejected.
A direction is, however, given to the court below that in case, applicants surrender and give bail application, the same shall be considered and disposed of expeditiously and preferably on the same day in accordance with law.
Order Date :- 17.8.2021 Mini