Applicant sought anticipatory bail in a cow slaughter FIR; after interim protection and filing of charge-sheet with no criminal history, interim protection was made absolute.
Interim protection granted vide order dated 27.01.2023 made absolute; application allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC-LKO:81544
Court No. - 16
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 187 of 2023
Applicant :- Mulla Mukarram @ Mukarramin Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko. Counsel for Applicant :- Shameem Jahan,Arti Shukla Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
The present application has been filed by the applicant seeking anticipatory bail in case crime No.228 of 2019, under Sections 3/5A/8 U.P. Prevention of Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animals Act, 1960, Police Station Raunahi, District Faizabad.
Heard Ms. Arti Shukla, learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.
This Court while granting interim protection vide order dated 27.01.2023 has passed the following order:-
"Heard Ms. Arti Shukla, learned Counsel for the applicant and learned A.G.A. for the State/respondent as well as perused the record.
The present anticipatory bail application has been filed under Section 438 Cr.P.C. by the applicant apprehending his arrest in FIR No.228 of 2019 under Sections 3/5A/8 U.P. Prevention of Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animals Act, 1960, Police Station Raunahi, District Faizabad.
Learned counsel for the applicant submits that the applicant has no criminal antecedents. The investigation is going on. He undertakes to cooperate in the investigation. The applicant has not been caught from the spot. He has no concern with the incident. The name of the applicant has surfaced in the confessional statement of the co-accused.
Learned A.G.A. has opposed the bail prayer and prays for ten
days' time to file objections/Counter Affidavit in this case.
On due consideration to the fact that the applicant has no criminal antecedents and he has not been caught from the spot, it would be expedient in the interest of justice that the liberty of the applicant may be protected till filing of police report under Section 173 Cr.P.C., in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98.
Therefore, till the next date of listing, as an interim measure, it is provided that in the event of arrest the accused-applicant Mulla Mukarram @ Mukarramin be released forthwith in the aforesaid F.I.R. No. on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned on the following conditions:-
(i) That the accused-applicant shall make himself available for interrogation by police authorities as and when required and will cooperate with the investigation.
(ii) That the accused-applicant shall not, directly or indirectly make any inducement, threat and promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.
(iii) That the accused-applicant shall not leave India without the previous permission of the Court.
In case of breach of any of the above conditions or in case it is otherwise found for any other reason the bail is required to be canceled, it shall be open for the State or the appropriate authority to move application for cancellation of bail/vacation of this order in accordance with law.
List on 24.2.2023.
In the meantime, learned A.G.A. may file objections/Counter Affidavit."
Learned counsel for the applicant submits that in compliance of order extracted above, the applicant has filed bonds and he has been enlarged on anticipatory bail.
Learned counsel for the applicant further submits that chargesheet in the matter has been filed. The applicant has co-operated
in the investigation and further undertakes to cooperate in the trial. Applicant has no criminal history.
Learned A.G.A. has opposed the bail application, however, could not dispute the fact that the applicant has cooperated in the investigation. He further submits that charge-sheet in the matter has been filed.
On due consideration to the submissions advanced, perusal of the record, so also the reasons assigned in the aforesaid order dated 27.01.2023, so also the facts that charge-sheet in the matter has been filed, applicant has no criminal history, he has cooperated in the investigation, undertaking that he shall cooperate in the trial, as also considering the dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98 and without expressing any opinion on the merit of the case, I am of the opinion that the interim protection granted earlier vide order dated 27.01.2023 is liable to be and is hereby made absolute.
The application is allowed accordingly.
Order Date :- 6.12.2024 Saurabh Yadav/-
Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether interim protection granted under the earlier order should be made absolute given cooperation in investigation and filing of charge-sheet.
Colour shows how this judgement treated each authority
Sushila Aggarwal v. State (NCT of Delhi)Relied on
Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98 · Who else cites this
3 provisions across 3 enactments
Mulla Mukarram @ Mukarramin
State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko.
Karunesh Singh Pawar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
