Allowed

Nabi Sarvar v. State of U.P and Another

Allahabad HC27 May 2022ABAIL/3335/2022

Case brief

AI extract

What is this about?

This order grants limited anticipatory bail to the applicant in an FIR under the UP Prevention of Cow Slaughter Act and Prevention of Cruelty to Animals Act, subject to conditions and bond, while directing expedited investigation.

What did the court decide?

Anticipatory bail granted till cognizance under Section 173(2) Cr.P.C. on personal bond of Rs.50,000 with two sureties and specified conditions.

Nabi Sarvar Vs State of U.P and Another — Anticipatory Bail | Allahabad HC (2022)

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Court No. - 87

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3335 of 2022 Applicant :- Nabi Sarvar Opposite Party :- State Of U.P And Another Counsel for Applicant :- Ashok Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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Heard Mr. Ashok Kumar Yadav, learned counsel for the applicant and learned A.G.A. for the State.

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The instant anticipatory bail application has been filed with a prayer to grant an anticipatory bail to the applicant-Nabi Sarvar in Case Crime No.2 of 2022, under Sections 3/5-A/8 of U.P. Prevention of Cow Slaughter Act and 11 Prevention of Cruelty to Animals Act, Police Station Tharwai, District Prayagraj.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant is not named in the first information report. The applicant is owner of the vehicle No.UP45 T2245 having valid papers of his vehicle and is doing transportation business but the police has wrongly shown his Truck in place of Truck No.UP45 T1738. He further submits that the applicant has never committed any offence as alleged in the first information report. Nothing incriminating article has been recovered from the possession of the applicant. The alleged recovery that has been shown is false and fabricated. There is no public witness of the alleged recovery. He further submits that applicant is having no criminal history. He has definite apprehension that he may be arrested by the police any time.

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Learned A.G.A. has opposed the prayer for anticipatory bail of the applicant. He has submitted that in view of the seriousness of the allegations made against the applicant, he is not entitled to grant of anticipatory bail. The apprehension of the applicant is not founded on any material on record. Only on the basis of imaginary fear, anticipatory bail cannot be granted.

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Without expressing any opinion on the merits of the case and considering the nature of accusation and his antecedents, the applicant is entitled to be released on anticipatory bail for limited period in this case considering the exceptions considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online

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SC 98 .

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In the event of arrest, the applicant shall be released on anticipatory bail till cognizance is taken by the Court on the police report, if any, under section 173 (2) Cr.P.C. before the competent Court on furnishing a personal bond of Rs.50,000/with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station/ concerned Court with the following conditions:-

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(i) The applicant shall deposit Rs.50,000/- in favour of any one Registered Gaushala of District Prayagraj within a month after his release.

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(ii) The applicant shall make himself available for interrogation by the police officer as and when required;

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

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(iv) The applicant shall not leave India 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.

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(v) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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(vi) 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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In default of any of the conditions, the Investigating Officer/Govt. Advocate is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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The Investigating Officer is directed to conclude the investigation, if pending, of the present case in accordance with law, expeditiously, independently without being prejudiced by any observations made by this Court while considering and deciding the present anticipatory bail application of the applicant.

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The applicant is directed to produce a copy of this order downloaded from the official website of this Court before the S.S.P./S.P. concerned within ten days from today, if investigation is in progress, who shall ensure the compliance of present order.

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Order Date :- 27.5.2022/Ajeet

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Digitally signed by AJEET KUMAR PATEL Date: 2022.05.27 16:35:17 IST Reason: Location: High Court of Judicature at Allahabad

Nabi Sarvar v. State of U.P and Another

Case brief

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Nabi Sarvar v. State of U.P and Another

Case brief

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