Dhasu @ Fareed v. State of U.P. and Another
Case brief
What is this about?
In an anticipatory bail application under Section 438 Cr.P.C., the applicant claimed innocence and lack of evidence against implicating him in a cow slaughter case. The court noted the applicant had actively participated, substantial evidence including 50kg of beef was recovered, and he acted as a proclaimed offender under Section 82 Cr.P.C. for non-cooperation.
What the court decided
Neutral Citation No. - 2023:AHC:219640
Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11888 of 2023 Applicant :- Dhasu @ Fareed Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hari Nath Chaubey Counsel for Opposite Party :- G.A.
Hon'ble Nalin Kumar Srivastava,J.
- Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
- Apprehending his arrest in Case Crime No.0226 of 2023, under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, 1955, Police Station Bhognipur, District Kanpur Dehat, the applicant - Dhasu @ Fareed has filed this anticipatory bail application seeking anticipatory bail in the aforesaid crime number.
- It is submitted by the learned counsel for the applicant that the applicant is innocent and he has apprehension of his arrest in the above-mentioned case, whereas there is no credible evidence against him. He has been falsely implicated into this matter. Allegations levelled against the applicant are false. Investigation is going on into the matter. Applicant has no concern with the present matter. It is further submitted that the applicant has no criminal history to his credit. At the time of alleged incident, he was not present on the spot. Nothing has been recovered from the possession of the applicant and the recovery shown in the matter is false and planted and there is no independent witness of the said recovery. It is further submitted that the applicant is ready to cooperate with the investigation. It is further submitted that no custodial interrogation is required in this matter from the applicant and as such, he is entitled for anticipatory bail.
Issues for consideration
2 issues framed by the court
Whether anticipatory bail should be granted to an applicant who is a proclaimed offender under Section 82 Cr.P.C. due to non-cooperation with investigation.
Whether the recovery of substantial quantity of beef and issuance of sanction process under Section 82 Cr.P.C. negates the entitlement to anticipatory bail.
Parties & counsel
- applicant
Dhasu @ Fareed
Coram
Nalin Kumar Srivastava
Mahboob Safi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- ABAIL/11888/2023
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