In this criminal miscellaneous anticipatory bail application, the Allahabad High Court rejected the plea of an alleged truck owner accused of transporting 20 cow progeny for slaughter. Finding the animals were badly stuffed and some escaped, the court held there were no grounds to enlarge the accused.
The anticipatory bail application was rejected.
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. - 12
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12072 of 2021
Applicant :- Fuzail Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Ravindra Prakash Ojha Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh,J.
1. Present application under Section 438 Cr.P.C. has been filed seeking bail in anticipation of the arrest of the accused-applicant in FIR No.0530 of 2021 registered under Section 3/5A/8 of U.P. Prevention of Cow Slaughter Act, 1955 as well as Section 11-A Prevention of Cruelty to Animal Act, 1960, Police Station Lalganj, District Pratapgarh.
2. The accused-applicant is truck owner having Registration No.70AT4304. It is alleged 20 cow progeny were taken in the said truck from Prayagraj to Bihar for slaughtering them and selling beef. Animals were recovered from the said truck.
3. Considering the evidence available on record inasmuch as 14 cow progeny were recovered, which were badly stuffed in trucks and 6 animals ran away as soon as truck was opened, this Court does not find any ground to enlarge the accused-applicant on anticipatory bail. This bail application is rejected.
Order Date :- 2.6.2022 prateek
Digitally signed by PRATEEK ARORA Date: 2022.06.02 18:12:27 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the grounds for anticipatory bail under Section 438 Cr.P.C. are satisfied given the recovery of cattle intended for slaughter.
Whether the circumstances warrant the rejection of the anticipatory bail application.
3 provisions across 3 enactments
Fuzail Ahmad
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
