Allowed

Om Prakash v. State of U.P. and Another

Allahabad HC15 Nov 2022ABAIL/10114/2022

Case brief

AI extract

What is this about?

The Second/Addl. District Judge, East Azamgarh, granted anticipatory bail to Om Prakash in an FIR under the Prevention of Cow Slaughter and Animals Cruelty Acts. The court applied Supreme Court guidelines and imposed standard conditions, including a personal bond and bond-conditions regarding witness tampering and attendance, without concluding the trial merits.

What did the court decide?

Release of the applicant on anticipatory bail on a personal bond of Rs.50,000 and two sureties each in the like amount, subject to six specified conditions, including aiding investigation and preventi

Om Prakash Vs State of U.P. and… — Constitutional and Fundamental Rights | Allahabad HC (2022)

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Court No. - 78

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10114 of 2022

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Applicant :- Om Prakash Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Amar Singh Yadav,Dilnawaz Ahmad Khan Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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Heard Sri Amar Singh Yadav, learned counsel for the applicant and Smt. Ladli Pandey, learned A.G.A. for the State as well as perused the record.

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The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.75 of 2022, under Sections 3/5A/8 Prevention of Cow Slaughter Act and Section 11 Animals Cruelty Act at Police Station- Tahabarpur, District Azamgarh with a prayer to enlarge him on anticipatory bail.

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As per prosecution story, four animals pertaining to cow progeny were recovered by the police from a pickup vehicle no. UP 45 AT 0732 on 15.05.2022.

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Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case owing to the ownership of the said vehicle, which he had given on rent. The applicant has nothing to do with the said offence. There are no criminal antecedents of the applicant. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. Learned counsel for the applicant undertakes that he has co-operated in the investigation and is ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.

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Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application but unable to dispute the submissions raised by the learned counsel for the applicant.

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On due consideration to the arguments advanced by learned counsel for the applicant as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicant, the applicant is liable to be enlarged on anticipatory

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bail in view of the judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1" . The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.

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In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Om Prakash be released forthwith in the aforesaid case crime (supra) on anticipatory bail on furnishing a personal bond of Rs.50,000/and two sureties each in the like amount to the satisfaction of the Station House Officer of the Police Station concerned/court concerned with the following conditions:-

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that the applicant shall make himself available for interrogation by a police officer as and when required;

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that 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence;

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that the applicant shall not leave India without the previous permission of the court;

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that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;

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that the applicant shall not pressurize/ intimidate the prosecution witness;

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that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.

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It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial or deciding the regular bail application.

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Order Date :- 15.11.2022 Ravi Kant

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Digitally signed by RAVI KANT Date: 2022.11.15 17:35:07 IST Reason: Location: High Court of Judicature at Allahabad

Om Prakash v. State of U.P. and Another

Case brief

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Om Prakash v. State of U.P. and Another

Case brief

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