Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32868 of 2019 Applicant :- Shakeel And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Sudhanshu Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicants as well as learned A.G.A. appearing for the State and perused the averments made in the first information report and rejection order.
Submission of the learned counsel for the applicants is that the applicants have been falsely implicated in the present case. According to prosecution, on 19.3.2019 on the information of an informer the police raided the house of the applicant that they are slaughtering an ox in the courtyard of applicant no.1. When the police party reached the spot, the applicants fled from the spot and one ox, two knives, bent of wood, one gandasa of iron, one stoppered of wood and 1.20 quintal meat of cows' progeny were recovered from the spot. The applicants have no other reported criminal antecedent.
Per contra, learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the submission advanced, the nature and gravity of the accusation, I find no good ground for grant of bail to the applicant no.1- Shakeet involved in Case Crime No. 115 of 2019, under Sections 3/5/8 U.P. Cow Slaughter Act, Police Station- Nawabganj, District- Bareilly.
The anticipatory bail application so far as the applicant no.1 is concerned stands hereby rejected.
However, considering the fact that the applicant no.2 is a Pardanashi lady, without expressing any opinion on the merits of the case, she is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant no.2- Smt. Chaman involved in Case Crime No. 115 of 2019, under Sections 3/5/8 U.P. Cow Slaughter Act, Police Station- Nawabganj, District- Bareilly, she 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 her 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 no.2 shall make herself available for interrogation by a police officer as and when required;
(ii) the applicant no.2 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 from disclosing such facts to the Court or to any police officer;
(iii) the applicant no.2 shall not leave India without the previous permission of the Court and if she has passport the same shall be deposited by her before the S.S.P./S.P. concerned.
In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant no.2.
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 copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant no.2.
The applicant no.2 is directed to produce a certified 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 present Criminal Misc. Anticipatory Bail Application is, accordingly, partly allowed.
Order Date :- 26.8.2019 Vikas