Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38522 of 2019 Applicant :- Shikandar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Bibhuti Narayan Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for applicant, learned A.G.A. appearing for State and perused the record.
This application under Section 438 Cr.P.C. has been filed by Shikandar for grant of anticipatory bail during the course of investigation in Case Crime No. 172 of 2019, under Section 429 I.P.C., Section 3/5/8 U.P. Prevention of Cow Slaughter Act, 1955 and Section 11 of Prevention of Cruelty to Animals Act, 1960, Police Station Nebuwa Naurangiya, District Kushinagar.
Learned counsel for applicant argued that it is a case of transportation of cow species. Applicant is not named in first information report. No slaughtering was there. His name was there on the basis of ownership of vehicle, said to be carrying those animals of cow species, whereas applicant was neither apprehended on spot nor was there any recovery from him. Applicant is of no criminal antecedent. Therefore, the applicant may be enlarged on anticipatory bail.
Learned A.G.A. opposed the prayer for bail.
Having heard learned counsel for both side and gone through first information report, it is apparent that applicant is not named in F.I.R.. Applicant was neither apprehended on spot nor was there any recovery from him. No slaughtering was there. Hence, without expressing any opinion on the merits of the case, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant, Shikandar, involved in above mentioned case, he 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. 20,000/- 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 office 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 from disclosing such facts to the Court or to any police office;
(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 him 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.
The applicant 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.
In view of aforesaid, the application for anticipatory bail is, accordingly, allowed.
Order Date :- 27.9.2019 NS