Allowed

Sahibe Alam v. State of U.P. and Another

Allahabad HC8 Aug 2024ABAIL/7823/2024

Case brief

AI extract

What is this about?

Anticipatory bail application allowed for accused in Cow Slaughter and Animal Cruelty cases. Court relied on Sushila Aggarwal, noted State did not file counter affidavit, and granted bail until conclusion of trial subject to standard conditions including passport surrender.

What did the court decide?

Anticipatory bail granted till conclusion of trial on furnishing personal bond with two sureties.

Sahibe Alam vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:197249

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Court No. - 70

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7823 of 2024

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Applicant :- Sahibe Alam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ansar Ahmad,Sandhya Chaturvedi Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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More than four times time has been granted to learned A.G.A. for filing counter affidavit but no counter affidavit has been filed till today.

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

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The instant anticipatory bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.75 of 2024 , under Section 3/5/8 Cow Slaughter Act and Section 11(Cha) Animal Cruelty Act,P.S. Ajeetmal, District Auraiya, till conclusion of trial.

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Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The Investigating Officer has submitted charge sheet against the applicant. There is no evidence to implicate the applicant in the present case. The applicant earlier filed Crl. Misc. Anticipatory Bail Application No.1146 of 2022 and the Coordinate Bench of this Court vide order dated 18.02.2022 granted anticipatory bail till submission of police report. The applicant has not misused the anticipatory bail granted to him and co-operated in the investigation proceedings. It has been submitted that in case applicant is granted anticipatory bail, he shall not misuse the liberty of bail and would obey all conditions of bail.

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On the other hand, learned AGA has vehemently opposed the prayer for grant of anticipatory bail but unable to dispute the submissions raised by the learned counsel for the applicant.

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Considering the arguments advanced by the learned counsel for the parties and in view of the law laid down by the Apex Court in

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the case of " Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98", the applicant is entitled to be granted anticipatory bail in this case.

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Without expressing any opinion upon ultimate merits of the case either ways which may be adversely affect the trial of the case, the anticipatory bail application of the applicant is allowed .

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Let the applicant-Sahibe Alam who is involved in the aforesaid crime, be released on anticipatory bail till conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-

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i. The applicant shall not leave India during the pendency of trial without prior permission from the concerned trial Court.

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ii. The applicant shall surrender his passport, if any, to the concerned trial Court forthwith. His passport will remain in custody of the concerned trial Court.

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iii. That 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 from disclosing such facts to the Court or to any police officer;

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iv. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.

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v. In case, the applicant misuse the liberty of bail, the trial Court concerned may take appropriate action in accordance with law.

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vi. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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Order Date :- 17.12.2024 Asha

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Digitally signed by :- ASHA High Court of Judicature at Allahabad

Sahibe Alam v. State of U.P. and Another

Case brief

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Sahibe Alam v. State of U.P. and Another

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