Court No. - 69
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 16529 of 2021 Applicant :- Nushrat And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Belal Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicants and learned A.G.A.
The instant anticipatory bail application has been filed on behalf of the applicants, Nushrat, Tarmeena @ Tarmeen and Shazia with a prayer to release them on anticipatory bail in Case Crime No.300 of 2021, under Section 3/5/8 U.P. Prevention of Cow Slaughter Act, 1955, Police Station Seohara, district Bijnor.
Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A. as per Section 438 (3) Cr.P.C. (U. P. Amendment) is not required.
The First Information Report of this incident was got lodged by police against twelve named persons including applicants. It was alleged in the first information report that the police received an information that cow slaughtering is being done in the house of the applicants and other co- accused persons and when police raided the house of the applicants then some persons were found involved in slaughtering. It was also alleged that the police arrested five persons at the place of occurrence and found various instruments, knives etc. used in the slaughtering and body parts of cow were also found lying there. It was also alleged that the applicants fled away from the place of occurrence after seeing the police party.
Learned counsel for the applicants submit that applicants are innocent and have falsely been implicated in the present case. He submitted that first information report has been lodged just to tarnish the image of the applicants with an object to injure the reputation of the applicants by having them so arrested. He submitted that no proceedings under Sections 82 and 83 Cr.P.C. have been initiated against applicants. He submitted that charge sheet has not been filed till date. He submitted that applicants undertakes to cooperate during investigation and she will not tamper with the evidence in any way.
Learned A.G.A. opposed the prayer for anticipatory bail. He submitted that it is not a case of malicious prosecution of the applicant in the present case. He submitted that there are prima-faice allegations against the applicants and the first information report has been lodged with a view to tarnish the image of the applicants. He submitted that some accused persons were found involved in cow slaughtering and some of them were fled away from the place of occurrence, hence the applicants are not entitled to be enlarged on anticipatory bail.
After hearing learned counsel for the parties and after perusal of the material on record, considering the antecedents of the applicants, considering the gravity of offence, considering the possibility of the applicant to flee from justice where the accusation has not been made with the object of injuring or humiliating the applicant by having them so arrested and considering the facts and circumstances of the case, this Court does not find it a fit case to grant anticipatory bail to the applicant.
Accordingly, the anticipatory bail is rejected.
Order Date :- 22.12.2021 R./