Allowed

Azeem v. State of U.P.

Allahabad HC4 Feb 2020ABAIL/1102/2020

Case brief

AI extract

What is this about?

The Single Judge allowed an anticipatory bail application under Section 438 CrPC for an accused charged under the U.P. Prevention of Cow Slaughtering Act. The court imposed conditions including furnishing a bond, cooperating with investigation, and completing trial within one year.

What did the court decide?

Anticipatory bail granted on furnishing a bond of Rs. 25,000 with sureties and compliance with specified conditions regarding investigation and trial timelines.

Azeem Vs State of U.P. — Cheating and Forgery | Allahabad HC (2020)

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Court No. - 66

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1102 of 2020

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Applicant :- Azeem Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh,Sitaram Patel Counsel for Opposite Party :- G.A.

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Hon'ble Rajul Bhargava,J.

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Heard learned counsel for the applicant, learned A.G.A for the State and perused the first information report as well as rejection order.

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Learned counsel for the applicant submitted that the applicant is wholly innocent and has been falsely implicated in this case by the police; he was neither arrested on the spot nor beef of cow was recovered from him. According to prosecution, first informant and other police personnel on receiving information that some persons are involved in slaughtering of cow, reached on the spot where on alarm made by some persons and accused and applicant and other nominated accused fled away from the scene of occurrence; it is stated that according to first informant, he knew the applicant from before. It is stated that the applicant has no criminal history and there was no occasion for the police party to know the name, parentage and other details of the applicant. The matter needs deeper and fairer investigation before any arrest should be given effect to. Therefore, the applicant may be enlarged on anticipatory bail.

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Learned A.G.A. has vehemently opposed the prayer for bail.

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Without expressing any opinion on the merits of the case and considering the nature of accusation and having no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.

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In the event of arrest of the applicant Azeem involved in Case Crime No. 736 of 2019, u/s 3/5/8 U.P. Prevention of Cow Slaughters Act, P.S. Bahedi, District Bareilly, 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.

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1.that the applicant shall make himself available for interrogation by a police officer as and when required;

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2.that 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 officer or tamper with the evidence;

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3.that the applicant shall not leave India without the previous permission of the court;

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4.that in default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for

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cancellation of anticipatory bail granted to the applicant;

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5.that the investigating officer is directed to conclude the investigation in the present case in accordance with law expeditiously, preferably, within a period of four months from the date of production of a certified copy of this order independently without being prejudiced by any observation made by this court while considering or deciding the present bail application of the applicant;

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6.that the applicant is directed to produce certified copy of this order before the SSP/SP concerned within 10 days from today, who shall ensure the compliance of the present order;

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7.that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;

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8.that the applicant shall not pressurize/ intimidate the prosecution witness;

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9.that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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10.that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail;

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It is made clear that if the charge-sheet is submitted and cognizance is taken and matter is committed to the court of session, as the case may be, the trial court shall decide the trial preferably within a period of one year from the cognizance/ committal of the case to the Court of Sessions.

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In view of the aforesaid, the application for anticipatory bail is, accordingly, allowed.

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Order Date :- 4.2.2020 Dhirendra/

Azeem v. State of U.P.

Case brief

What is this about?

What did the court decide?

Azeem v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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