Allowed

Nisabu @ Nisabuddin v. State of U.P. and Anr.

Allahabad HC2 Sept 2022/11063/2021

Case brief

AI extract

What is this about?

In an anticipatory bail application under Section 438 Cr.P.C., the High Court granted relief to the applicant involved in a cow slaughter case, citing exceptional circumstances and prior judgments, subject to specific conditions.

What did the court decide?

Anticipatory bail granted to the applicant in Crime No. 209 of 2021 upon furnishing a personal bond of Rs. 25,000 and two sureties each of like amount, subject to specified conditions.

Nisabu @ Nisabuddin Vs State of U.P. and Anr. — Anticipatory Bail | Allahabad HC (2022)

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Court No. - 15

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11063 of 2021

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Applicant :- Nisabu @ Nisabuddin Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Arun Kumar Mishra,Abhishek Mishra,Ishank Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Heard Shri Abhishek Mishra, learned counsel for the applicant and Shri Diwakar Singh, learned A.G.A. for the State and perused the material on record.

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The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant, namely, Nisabu @ Nisabuddin in Case Crime No. 209 of 2021, under Section 3/5/8 of the Uttar Pradesh Prevention of Cow Slaughter Act, 1955 Police Station - Akhandnagar, District- Sultanpur after rejecting anticipatory bail application of the applicant by Sessions Judge, Sultanpur vide order dated 9.9.2021.

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Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant was not arrested from the spot. It is further submitted that no incriminating article has been recovered from the possession of the applicant. The alleged recovery of 40 kg beef and other slaughtering instruments have been recovered from the joint possession of the co-accused Mohd. Jameel and Sahabdeen is made without complying the mandatory provision of section 100 Cr.P.C. There is no independent/ public witness of the alleged recovery. It is further submitted that applicant has granted interim anticipatory bail by this Court on 04.10.2021

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It is further submitted that co-accused Mohd. Jameel and Sahabdeen and Ahmad having similar role have been granted bail by Co-ordinate Benches of this Court vide order dated 22.10.2021 and 23.05.2022 in Bail No. 11781 of 2021 and Criminal Misc. Bail Anticipatory Bail Application U/S 438 Cr.P.C. No. 12428 of 2021. It is further submitted that applicant has criminal history of one case, which is related to the year of 1992 which is a minor offence in which he has been granted bail. The applicant is 70 years old.

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Learned A.G.A. has opposed the prayer for anticipatory bail of

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the applicant but he has not refuted the fact that the applicant has no criminal antecedent to his credit.

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Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Vs. State of U.P. , hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A. as per Section 438(3), Cr.P.C. (U.P. Amendment) is not required.

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It is settled position of law that the anticipatory bail being an extraordinary privilege should be granted only in exceptional cases. Parameters for grant of anticipatory bail in a serious offence are required to be satisfied, where the Court is prima facie of the view that the applicant has falsely roped in the crime and would not misuse his liberty.

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Considering the facts and circumstances of the case and the law laid down by the Hon'ble Apex Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98, ground for grant of anticipatory bail is made out.

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In case of arrest, the applicant, Nisabu @ Nisabuddin is directed to be enlarged on anticipatory bail in above case crime number till the conclusion of trial, on his furnishing personal bond of Rs. 25,000/- and two sureties each of like amount before the Station House Officer of Police Station/Court concerned with the following conditions:-

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(i) The applicant shall make himself available for interrogation by the police officer as and when required, if investigation is in progress;

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(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 such person from disclosing such facts to the Court or to any police officer;

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(iii) The applicant shall not leave the country 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/Court concerned;

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(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant along-with a self attested identity

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proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked ;

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(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.

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The Investigating Officer will continue with the investigation, if it is in progress and will not be affected by this order.

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A copy of this order shall also be produced before the S.P/S.S.P concerned by the applicants, within a week, if the investigation is still in progress, who shall ensure compliance of this order.

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With the aforesaid directions, the present Anticipatory Bail Application is allowed.

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Order Date :- 2.9.2022 Ishan

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Digitally signed by ISHAN JAISWAL Date: 2022.09.08 09:50:40 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Nisabu @ Nisabuddin v. State of U.P. and Anr.

Case brief

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Nisabu @ Nisabuddin v. State of U.P. and Anr.

Case brief

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