Dismissed

Mukesh Kumar v. State of U.P.

Allahabad HC6 Oct 2023ABAIL/9819/2023

Case brief

AI extract

What is this about?

The High Court refused anticipatory bail to Mukesh Kumar, the alleged owner of a truck from which live cows were recovered. The Court dismissed the application without expressing an opinion on merits, noting the gravity of allegations regarding cow slaughter and cruelty to animals.

What did the court decide?

Anticipatory bail application dismissed. Applicant advised to move regular bail before the appropriate forum.

Mukesh Kumar Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:192350

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Court No. - 71

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9819 of 2023

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Applicant :- Mukesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Sudarshan Singh Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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Heard Sri Sudarshan Singh, learned counsel for the applicant and learned A.G.A as well as perused the material available on record.

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This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No.13 of 2023, under Section 429 I.P.C. and Section 3/5A/5B/8 Prevention of Cow Slaughter Act, Section 11 of Cruelty to Animal Act, P.S.- Saiyad Raza, District- Chandauli.

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As per FIR, on 23.01.2023 informant S.I. Jamiluddin Khan along with other policemen were on routine search in the area, on the information received by Mukhbir, stopped a D.C.M. Truck bearing Registration No. UP-75-M-2458 and arrested two persons and on being search of vehicle, 11 cow and 3 calfs were recovered alive which allegedly sent for slaughter.

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Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. The applicant is not named in the FIR, his name came into light during investigation. The applicant is owner of the alleged vehicle. He submitted that alleged animals recovered from the vehicle were live and there is no cutting or sharp edged weapon were found from the alleged vehicle. The applicant has no concern with the alleged incident. The applicant is having no criminal history as has been mentioned in paragraph 19 of the affidavit. Learned counsel for the applicant further submitted that applicant has apprehension of imminent arrest and in case, applicant is released on anticipatory bail, he will not misuse the liberty and would co-operate with the trial.

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Learned A.G.A. has opposed the prayer for anticipatory bail of the applicant. He has submitted that the applicant is owner of the allege vehicle and 11 cow and 3 calf were recovered alive which allegedly sent for slaughter, therefore, in view of the seriousness of the allegations made against the applicant, the applicant 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 allegation levelled against the applicant and the nature and gravity of the accusation, I find no ground for grant of anticipatory bail to the applicant.

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Accordingly, this application under Section 438 Cr.P.C. is dismissed . Applicant is advised to move regular bail application before the appropriate forum and if such application is given, the court below shall consider and disposed of the bail application expeditiously in accordance with law.

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Order Date :- 6.10.2023 Krishna*

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Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad

Mukesh Kumar v. State of U.P.

Case brief

What is this about?

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Mukesh Kumar v. State of U.P.

Case brief

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