Court No. - 34
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9089 of 2021 Applicant :- Shahid Opposite Party :- State of U.P.
Counsel for Applicant :- Hemant Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant, Sri Vikas Sahai, the learned A.G.A. for the State and perused the record.
The instant application has been moved seeking anticipatory bail in light of the apprehension of the arrest of the applicant in Case Crime No. 85 of 2020, under Sections 3/5A/8 Cow Slaughter (Prevention)Act and Section 11 Prevention of Cruelty to Animals Act and Section 307 IPC read with Section 34 IPC, Police Station Barahalganj, District Gorakhpur.
The Court finds no ground to accord the facility of anticipatory bail to the applicant bearing in mind his criminal antecedents which have been noticed in the order passed by the Sessions Judge while rejecting the application for anticipatory bail. The Court further takes note that admittedly process under Section 82 Cr.P.C. has been initiated. In light of the decision of the Supreme Court in Lavesh Vs. State (NCT of Delhi) [(2012) 8 SCC 730], the application fails and is rejected.
Order Date :- 20.5.2021 faraz