The Allahabad High Court granted anticipatory bail to the applicant in a case involving cow slaughter and animal cruelty charges, relying on the Sushila Aggarwal precedent and finding no misuse of liberty.
Anticipatory bail granted by furnishing a personal bond with two sureties in like amount.
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Court No. - 78
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1626 of 2020
Applicant :- Vimlesh Yadav Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Rakesh Chandra Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard Sri Rakesh Chandra, learned counsel for the applicant and Sri Vibhav Anand Singh, learned A.G.A. for the State as well as perused the record.
The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No. 67 of 2019, under Sections 3/5A/8 of U.P. Prevention of Cow Slaughter Act and Section 11 of Prevention of Animal to Cruelty Act, Police Station- Raipur, District- Sonbhadra, with a prayer to enlarge him on anticipatory bail.
At the very outset, learned counsel for the applicant has claimed parity with the co-accused Rashid Sumani, who has already been granted anticipatory bail by the court below in Anticipatory Bail Application No.150 of 2019 vide order dated 20.12.2019. The charge-sheet has already been filed in the matter. It is further submitted that the applicant has already granted interim protection by this Court and he has not misused the liberty granted by the Court. Learned counsel has also stated that the applicant is ready to cooperate in the trial also.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of anticipatory bail but he has not disputed the claim of parity.
On due consideration to the arguments advanced by the learned counsel for the parties and in view of the law laid down by the Apex Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98", the applicant is entitled to be released on anticipatory bail in this case.
In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest, let the accusedapplicant - Vimlesh Yadav, be released forthwith in the aforesaid case crime (supra) on bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following
conditions:-
In case of breach of any of the above conditions, the court below shall have the liberty to cancel the bail of the applicant.
It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 19.9.2022 Siddhant
Digitally signed by SIDDHANT SAHU Date: 2022.09.19 16:45:31 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to be released on anticipatory bail considering the claim of parity with a co-accused.
Whether the conditions for anticipatory bail should be framed to prevent tampering with evidence or intimidation.
Colour shows how this judgement treated each authority
3 provisions across 3 enactments
Vimlesh Yadav
Krishan Pahal
Siddhant Sahu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
