Court rejected the applicant's anticipatory bail application under Section 438 Cr.P.C. due to his chequered criminal history of 23 cases, primarily under the Prevention of Cow Slaughter Act, finding it unfit for bail.
Application for anticipatory bail rejected.
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Court No. - 66
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1126 of 2020
Applicant :- Sajid Alias Mohd. Sajid Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rizwan Ullah Siddiqui Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.
The present anticipatory bail application has been filed by the applicant in Case Crime No. 759 of 2019, under Sections 3, 5 and 8 U.P. Prevention of Cow Slaughter Act, Police StationMandi, District- Saharanpur with the prayer to grant anticipatory bail to him.
Learned counsel for the applicant states that the applicant has been falsely implicated by the police merely on the basis of suspicion. The applicant was neither arrested on the spot nor anything incriminating has been recovered from his possession. Prima facie, no offence under Sections 3/5/8 Prevention of Cow Slaughter Act is made out against the applicant. Therefore, the applicant may be enlarged on anticipatory bail.
Per contra, learned A.G.A. has opposed the prayer for anticipatory bail and submitted that the applicant has a chequered criminal history of 23 cases since 2012 mostly under the Prevention of Cow Slaughter Act.
After hearing learned counsel for the applicant and after perusing the allegations made in the first information report and the fact as advanced by the learned AGA that the applicant has long a criminal history and is involved in several criminal cases, I do not find it to be a fit case for grant of anticipatory bail to the applicant.
Accordingly, the application for anticipatory bail is rejected .
Order Date :- 14.2.2020 Vikas
1 issue framed by the court
Whether the impugned anticipatory bail application under Section 438 Cr.P.C. should be allowed or rejected.
Sajid Alias Mohd. Sajid
Rajul Bhargava
As recorded by the court registry
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