Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10065 of 2021 Applicant :- Naushad And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shailendra Kumar Yadav Counsel for Opposite Party :- C.S.C.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
This anticipatory bail application has been filed by the applicants Naushad and Arman in Case Crime No. 13 of 2021, under sections 3/5/8 U.P.Prevention of Cow Slaughter Act, Section 11 of Prevention of Animal Cruelty Act, 1960 and Section 4/25 Arms Act, P.S.- Pawai, District- Azamgarh.
Submission of the learned counsel for the applicants is that the co-accused persons from whose house the beef was recovered has been granted anticipatory bail and that the applicants were not arrested from the spot nor anything has been recovered from them, therefore, prima facie case for grant of anticipatory bail is made out. It is further submitted that applicant has no criminal history and applicant is prepared to furnish sureties and bonds, there is no possibility of her 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 because of the absconding of the applicants, the investigation has not been completed and the same is still continued. He further submits that applicants have remedy to avail regular bail but they have come up before this Court seeking anticipatory bail and the same cannot be granted.
Considered the submissions of both the sides. Report of the investigating officer is that because of the applicants, the investigation is still going on. 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. F.I.R. has been lodged on 28.01.2021 and even after a lapse of six months, there appears to be nothing on record to show that any serious efforts have been made for the arrest of the applicants and there appears no threat of arrest of the accused. The applicant has 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 applicant is rejected.
Regular bail application may be given before the appropriate forum and if such application is given, the court below shall consider and disposed of the bail application expeditiously and preferably on the same day in accordance with law.
Order Date :- 29.7.2021 S.Ali