Sunil v. State of U.P.

Neutral Citation No. - 2023:AHC:107857

Court No. - 79

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5228 of 2023 Applicant :- Sunil Opposite Party :- State of U.P. Counsel for Applicant :- Sudarshan Singh Counsel for Opposite Party :- G.A.

Hon'ble Mayank Kumar Jain,J.

Heard learned counsel for the applicant, learned A.G.A. for State and perused the record.

It is submitted by learned counsel for the applicant that applicant is innocent, not named in the F.I.R. and has been falsely implicated in the present case. It is further submitted that applicant is not the owner of the D.C.M. Truck bearing No. UP-95 B 2575 but the police only due to ill will connected the name of applicant in the present offence. It is further submitted that applicant was not involved in transportation of animal for slaughter. It is further submitted that applicant has no criminal history.

On the other hand, learned AGA opposed the prayer of anticipatory bail by contending that aforesaid vehicle was sold in auction by Sri Ram Finance Company on 08.10.2020 and applicant purchased the aforesaid vehicle. It is further contended that at the time of inspection of the vehicle in question six cows alongwith two calves and " two choppers " which normally used for slaughtering of cow, were recovered.

Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and the fact that applicant is the owner of vehicle from which at the time of inspection six cows alongwith two calves and "two choppers" which normally used for slaughtering of cow, were recovered, without making any comment on the merits of the case, there appears no ground to grant anticipatory bail in favour of applicant. The anticipatory bail application of applicant Sunil involved in Case Crime No. 42 of 2023, under Sections 3/5A/8 Cow Slaughter (Prevention) Act, 11 Animal Cruelty Act and 4/25 Arms Act, P.S. Ali Nagar, District Chandauli is hereby rejected .