Court No. - 87
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 18885 of 2021 Applicant :- Rohit Kumar Rai Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This anticipatory bail application has been moved on behalf of the applicant seeking bail in Case Crime No. 419 of 2021, under Section3/5/8/5B Cow Slaughter Act, P.S. Lanka, District Varanasi with the prayer that in the event of arrest, applicant may be released on bail.
It has been argued by the learned counsel for the applicant the applicant is not named in the first information report. He is owner of the vehicle in which animals are said to be transported. The applicant has apprehension of his arrest, hence, prayer for anticipatory bail is made.
A.G.A. has opposed the application for anticipatory bail and argued that as per first information report, on the information two vehicles were caught by the police. The persons sitting in the pick-up managed to escape. The allegation of illegal transportation of animals and cruelty against them is made. It is further argued that horns of one of the recovered animals were found broken and the blood was oozing therefrom, hence the prayer for rejecting the anticipatory bail is made.
Considering the submissions of the learned counsel for the parties and all attending facts and circumstances of the case, taking into consideration the gravity of the accusation as well as the fact that there being no possibility of fleeing from justice, without expressing any opinion on merit of the case, applicant is entitled to be released on anticipatory bail in this case.
The anticipatory bail application is allowed.
In the event of arrest of the applicant Rohit Kumar Rai involved in the aforesaid case he may be released on anticipatory bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-
(i) the applicant shall make him 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/her/them from disclosing such facts to the Court or to any police officer;
(iii) the applicant would co-operate during investigation and trial and would not misuse the liberty of bail.
In default of any of the conditions, the Investigating Officer/prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
Order Date :- 16.12.2021 Gss