The court rejected the anticipatory bail application filed under Section 438 Cr.P.C. by an accused facing charges under the Cow Slaughter Act, citing a record of five prior criminal cases and involvement in two previous cases under the same Act.
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. - 1138 of 2020
Applicant :- Mahboob Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Waseem Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Counter affidavit filed by learned AGA is taken on record.
Heard learned counsel for the applicant and learned A. G. A. for the State.
The present anticipatory bail application has been filed by the applicant in Case Crime No. 375 of 2019, under Section 3/5/8 Cow Slaughter Act, Police Station Bhojipura, District Bareilly with the prayer to grant anticipatory bail to the applicant.
I have perused the FIR as well as the order by means of which the anticipatory bail application has been rejected by the court below.
Learned counsel for the applicant submitted that the applicant was neither arrested on the spot nor any incriminating article was recovered from his possession; his name surfaced on the basis of information supplied by informer.
Learned AGA has opposed the prayer for anticipatory bail and has stated in the counter affidavit that the applicant has criminal history of five cases which includes two F.I.R. under the Cow Slaughter Act and looking to the gravity of offence, no case for grant indulgence is made out.
After hearing learned counsel for the parties and after perusing the impugned FIR and also looking to the fact that the applicant has been involved in two other cases of Cow Slaughter Act in 2017 and 2018 and the fact as advanced by the learned AGA, no case for grant of any indulgence is made out.
Accordingly, the application for anticipatory bail is rejected.
Order Date :- 6.2.2020 Dhirendra/
1 issue framed by the court
Whether anticipatory bail should be granted to the applicant who has a prior criminal history including two previous FIRs under the Cow Slaughter Act.
1 provisions across 1 enactments
Mahboob Khan
State of U.P.
Rajul Bhargava
As recorded by the court registry
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