The High Court allowed an anticipatory bail application filed by Asim under Section 438 Cr.P.C. in a cow slaughter and animal cruelty case, holding that a case for bail was made out without delving into the merits of the charge.
Application for anticipatory bail allowed on personal bond of Rs. 50,000/- with two sureties.
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Court No. - 75
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4486 of 2022
Applicant :- Asim Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mukesh Joshi Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present application has been moved seeking anticipatory bail in Case Crime No.89/2022, under Sections 3/5/5A/8 U.P. Prevention of Cow Slaughter Act, 1955 & Section 11 of Prevention of Cruelty to Animals Act, 1960, Police Station Mudhapandey, District Moradabad with the prayer that in the event of arrest, applicant may be released on bail.
It has been argued by the learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the above-mentioned case, whereas, there is no credible evidence against him. According to prosecution version, on 29.04.2022 after receipt of a secret information regarding slaughtering, police have conducted a raid but the four accused persons have ran away from there and that 50 Kg beef and some tools used in slaughtering, were recovered from spot. Learned counsel submitted that there is no independent witness of alleged incident and that allegation that applicant has ran away from spot, is thoroughly false. Even according to prosecution version, applicant was not seen indulging in slaughtering and that only recovery of 50 Kg beef has been shown against four accused persons including applicant. Referring to the facts of the matter, it is submitted that no case is made out against applicant. The applicant has no criminal
antecedents and that applicant undertakes to co-operate during investigation and trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate during investigation and would obey all conditions of bail.
Learned A.G.A. has opposed the application for anticipatory bail.
It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration.
In the instant case, considering the settled principles of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merit of the case, a case for anticipatory bail is made out.
The anticipatory bail application is allowed.
In the event of arrest of the applicant-Asim in the aforesaid case crime, he shall be released on anticipatory bail on his 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 below concerned with the following conditions :-
(i) the applicant shall make himself available for interrogation by the police as and when required;
(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 him/her/them from disclosing such facts to the Court or to any police officer;
(iii) the applicant would co-operate during investigation and trial and would not misuse the liberty of bail.
In default of any of the conditions, the Investigating Officer/prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
Order Date :- 10.8.2022 Neeraj.
Digitally signed by NEERAJ KUMAR SINGH Date: 2022.08.11 11:25:33 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether anticipatory bail can be granted to the applicant in the offence of cow slaughter and cruelty to animals?
Whether a case for anticipatory bail is made out considering the nature of accusation and applicant's role?
Colour shows how this judgement treated each authority
Siddharam Satlingappa Mhetre v. State of MaharashtraExplained¶10
(2011) 1 SCC 694 · Who else cites this
4 provisions across 4 enactments
Asim
State of U.P.
Raj Beer Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
