The High Court confirmed previously granted interim anticipatory bail under Sections 379 IPC and 8/5/3 of the Cow Slaughter Act after a five-month delay in taking the opposing party's instructions.
Confirmed interim anticipatory bail granted earlier on 04.02.2021 subject to existing conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 38
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1743 of 2021
Applicant :- Jugadi Alias Nabi Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Shailesh Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
"Learned A.G.A. has submitted that although advance notice of this application was served in the office of Government Advocate, but he has not received instructions.
Learned counsel for the applicant has objected and submitted that notice period as per Chapter XVIII, Rule 18 of the High Court Rules has expired and there is no justification for granting further time to the learned A.G.A.
Learned counsel for the applicant has submitted that during the time granted to learned A.G.A to obtain instructions, the applicant will definitely be arrested and the purpose of filing this application would be frustrated. Even if, applicant is not arrested, he will have to stay away from his house due to apprehension of arrest at the behest of informant by the police.
Learned A.G.A. is granted two weeks' further time to obtain instructions.
Put up this case as a fresh case on 8.03.2021.
Till then, in case of his arrest, the applicant, Jugadi alias Nabi Ahmad shall be enlarged on interim anticipatory bail in Case Crime No. 343 of 2020 under Sections 379 I.P.C., and section 8/5/3 of Cow Slaughter Act Police Station- Khaga District- Fatehpur, on his furnishing
personal bond of Rs. 50,000/- and two sureties each of like amount before the Station House Officer of Police Station/Court concerned with the following conditions:-
(i) The applicant shall make himself available for interrogation by the police officer 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 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;
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad;
(v) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
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 Investigating Officer will continue with the investigation and will not be affected by this order.
A copy of this order downloaded from the official website of this court shall also be produced before the S.S.P concerned by the applicants who shall ensure compliance of this order after due verification from official website of this court."
Order Date :- 21.6.2021 S.Chaurasia
Digitally signed by Justice Saumitra Dayal Singh Date: 2021.06.21 17:48:35 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether to confirm interim anticipatory bail granted five months prior.
Whether processing of Anticipatory Bail Application No.CRIM.MISC.ABA/1743/2021 requires disposal.
Jugadi Alias Nabi Ahmad
State of U.P.
Saumitra Dayal Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
