Court No. - 79
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 15813 of 2021 Applicant :- Sami Ulla Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Manoj Kumar Gupta, learned counsel for the applicant and learned AGA for the State.
The instant anticipatory bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 298 of 2021, under Section-3/5/8 Cow Slaughter Act, Police Station- Faridpur, District- Bareilly during pendency of investigation.
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.
Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in the present case. It is next contended that the co- accused Nabi Ulla was arrested at the spot with 100 kg of beef and the name of the applicant was surfaced in his confessional statement. No recovery has been made from the possession of the applicant. The confessional statement made by the co-accused is not admissible in view of Section 25 of the Evidence Act. The applicant has definite apprehension that he may be arrested by the police any time. It is lastly contended by learned counsel for the applicant that co-accused Khurshid Ahmad has already been enlarged on anticipatory bail by the co- ordinate Bench of this Court vide order dated 5.10.2021 passed in Criminal Misc. Anticipatory Bail Application U/s 438 Cr.P.C No. 14228 of 2021. Hence, parity is claimed.
Learned AGA has opposed the prayer for anticipatory bail of the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusations and their antecedents, the applicant is entitled to be released on anticipatory bail in this case as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 and order dated 22.05.2020 passed by this Court in Criminal Misc. Anticipatory Bail Application No.2609 of 2020. The future contingencies regarding anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
In the event of arrest of the applicant, Sami Ulla involved in the aforesaid case, shall be released on anticipatory bail till the submission of police report if any under section 173 (2) Cr.P.C. before the competent Court on his furnishing a personal bond of Rs. 25,000/- 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 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/her/them from disclosing such facts to the Court or to any police officer;
(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 them before the S.S.P./S.P. Concerned.
In default of any of the conditions, the Investigating Officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a certified/computerized copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicants.
The applicant is directed to produce a certified/computerized copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 23.10.2021 Noman