Dismissed

Ibrahim v. State of U.P.

Allahabad HC12 Aug 2021ABAIL/13503/2021

Case brief

AI extract

What is this about?

In a CM application under Section 438 Cr.P.C., the court rejected the applicant's prayer for anticipatory bail in an FIR involving cow slaughter and animal cruelty, holding that regular bail is available and no extraordinary circumstances were demonstrated.

What did the court decide?

Application for anticipatory bail rejected. Applicant advised to surrender and file regular bail application before the appropriate forum for expeditious disposal.

Ibrahim Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2021)

¶1

Court No. - 74

¶2

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13503 of 2021 Applicant :- Ibrahim Opposite Party :- State of U.P. Counsel for Applicant :- Nayab Ahmad Khan Counsel for Opposite Party :- G.A.

¶3

Hon'ble Pradeep Kumar Srivastava,J.

¶4

Heard learned counsel for the applicant, learned AGA for the State and perused the record.

¶5

This anticipatory bail application has been given by the applicant Ibrahim in Case Crime No. 48 of 2021, under Section 3/5A/8 of U.P. Prevention of Cow Slaughter Act and Section 3 & 11 of Prevention of Cruelty to Animals Act, P.S. Phoolpur, District - Azamgarh.

¶6

The first information report version is that eleven cows were recovered by the police, on the information given by a police informer. Their legs were tied by rope. The accused was identified by the police informer by name. The number of cows, which were recovered from the truck, were twenty two.

¶7

Submission of the learned counsel for the applicant is that the applicant has not been arrested from the spot and nothing has been recovered from him. He has been falsely implicated in the case. There is no evidence that the cow was slaughtered. Therefore, it is a fit case for anticipatory bail.

¶8

Learned AGA has vehemently opposed the prayer of bail and submitted that the applicant has been named in the FIR and the applicant has also been identified by the police informer. Therefore, there is no ground for anticipatory bail.

¶9

Considering the submissions of both sides. It is a case under the U.P. Prevention of Cow Slaughter Act and Prevention of Cruelty to Animals Act. The forum of regular bail is available to the applicant. The anticipatory bail is not a substitute of a regular bail and the applicant is required to show some extraordinary circumstances and immediate threat of arrest. Nothing has been shown as such. Therefore, I do not find any ground for giving benefit of anticipatory bail, hence the anticipatory bail application filed by the applicant is rejected .

¶10

In case the applicant surrenders and gives regular bail application before the appropriate forum, the same shall considered and disposed of expeditiously, preferably on the same day in accordance with law.

¶11

Order Date :- 12.8.2021 nd

Ibrahim v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ibrahim v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ram Babu Patel Vs State of U.P. and Another

Shafeek Vs State of U.P.

Sonu Yadav @ Son Singh Vs State of U.P.and Another

Arif Vs State of U.P.and Another

Sunil Vs State of U.P.and Another

Ravindra Pandey and 2 Other Vs State of U.P. and Another