Allowed

Hamid @ Saikal v. State of U.P. and Another

Allahabad HC15 Dec 2021ABAIL/8710/2021

Case brief

AI extract

What is this about?

This single-judge court upheld a prior interim anticipatory bail order granted in a case involving cow-slaughter and IPC charges. Addressing a defect where the final hearing was scheduled beyond the statutory 30-day limit, the court relied on Supreme Court precedents and finalized the interim bail till the filing of the final police report without evaluating the merits of the case.

What did the court decide?

Interim anticipatory bail granted on 7.4.2021 was made final and extended till the filing of police report under Section 173(2) Cr.P.C.

Hamid @ Saikal Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2021)

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Court No. - 75

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8710 of 2021

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Applicant :- Hamid @ Saikal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abrar Ahmad Siddiqui Counsel for Opposite Party :- G.A.

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Hon'ble Ram Krishna Gautam,J.

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Heard over anticipatory bail application moved under Section 438 of Cr.P.C., by applicant Hamid @ Saikal, in Case Crime No. 88 of 2021, under Sections 3/5/5A/8 of Cow Slaughter Act & Sections 307, 353, 332, 429 I.P.C., Police Station Kokhraj, District Kaushambi.

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Co-ordinate Bench of this Court, vide order dated 7.4.2021, has granted interim anticipatory bail to applicant, till the next date fixed and it was scheduled for hearing after more than four months on 4.8.2021, before the appropriate Bench.

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As per sub-section 5 of Section 438 of Cr.P.C. of Uttar Pradesh State Amendment "the High Court or Court of Session, as the case may be, shall finally dispose off an application for grant of anticipatory bail under sub-section 1 of Section 438 of Cr.P.C. within 30 days of the date of such application. Under subsection 3 of Section 438 of Cr.P.C. "where the Court grants interim order under sub-section (1), it shall forthwith cause a notice being not less than seven days notice, together with a copy of such order to be served on the Public Prosecutor and the Superintendent of Police, with a view to give the Public Prosecutor a reasonable opportunity of being heard and when the application shall be finally heard by the Court". Meaning thereby, the anticipatory bail application is to be heard and finally decided within 30 days of the date of such application and in the present case, Court has granted ad interim relief till next date fixed i.e. 4.8.2021. Meaning thereby, date was fixed after more than four months for final disposal of this anticipatory bail application, which is contrary to sub-section 5 of Section 438 of Cr.P.C., written as above.

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The ground given by Court in grant of interim anticipatory bail order has not been shown to be rebutted by learned A.G.A., hence, on the basis of reasoning written in the interim order dated 7.4.2021 as well as considering the law laid down by Hon'ble Apex Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi) 2020 SCC Online SC 98 , the order dated

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7.4.2021 is made final and the interim anticipatory bail, granted earlier, is being extended till filing of Police Report under Section 173(2) Cr.P.C., on previous conditions.

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It is made clear that the court has not expressed any opinion on the merits of the case.

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Order Date :- 15.12.2021 Kamarjahan

Hamid @ Saikal v. State of U.P. and Another

Case brief

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Hamid @ Saikal v. State of U.P. and Another

Case brief

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