Court No. - 70
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 19434 of 2021 Applicant :- Narendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Javed Khan,Mohammad Javed Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned Counsel for the applicant, learned AGA for State and perused the material available on record.
Accused-applicant, involved in Case Crime No.22 of 2021, under Sections 11 Prevention of Cruelty to Animals Act, 1960 & 3/5-A/8 of U.P. Prevention of Cow Slaughter Act, 1995, Police Station Bilari, District Moradabad, applied for anticipatory bail.
Learned counsel for the applicant submits in following manner :-
(i) Applicant is innocent and has been falsely implicated in the present case for the purpose of harassment. He has committed no offence. Entire prosecution story is false and fake.
(ii) Applicant is not named in the FIR. Nothing has been recovered from the possession of the applicant. There is general allegation against the applicant. There was no public eye witness of the incident. Except present case, no other criminal case is pending against the applicant but he is harassed by the police without any credible evidence. Applicant is reputed person of the society, if he is arrested in the present case, he shall be humiliated.
(iii) Offending vehicle in which animals are being carried out is not of applicant and he does not claim to be owner of the said vehicle. If the owner of the vehicle claims to be released in his favour, applicant will not file any objection.
(iv) There is no possibility of the applicant's fleeing away from the judicial process. In case, the applicant is enlarged on anticipatory bail, he shall not misuse the liberty of bail and would co- operate with the investigation.
Learned A.G.A. has vehemently opposed the prayer for granting bail but conceded the factual submission made by learned counsel for the applicant and submitted that applicant is owner of the offending vehicle.
Taking into consideration the gravity of accusation, nature of allegation, and there being no possibility of his fleeing from justice, without expressing any opinion on the merits of the case, the applicant is entitled to be released on anticipatory bail in this case.
Accordingly, the present anticipatory bail application is hereby allowed.
In the event of arrest, applicant Narendra Singh shall be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 173(2) Cr.P.C. on his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the Investigating Officer / Court concerned with the following conditions :-
(i) the applicant shall make himself available for interrogation by a police officer as and when required;
(ii) the applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police office;
(iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the S.S.P./S.P. concerned.
In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
Order Date :- 23.12.2021 I.A.Siddiqui