Jumrati Ali Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:4644

Court No. - 70

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 11628 of 2024

Applicant :- Jumrati Ali Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramkripal Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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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 moved by the applicant for enlarging him on bail in Case Crime No.261 of 2024, under Sections 3/5A/5B/8 Cow Slaughter Act, Section 11 of Animal Cruelty Act, & Section 325 B.N.S., 2023, Police Station Chandauli, District Chandauli.

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It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. He has been implicated in the present case being driver of the vehicle. It is submitted that the applicant is apprehensive of imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation.

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Learned A.G.A. has vehemently opposed the prayer for bail and has submitted that the applicant itself in Para-10 of the affidavit of anticipatory bail application has stated that the applicant is driver and owner of the vehicle of Pick Up No.UP65GT 0540. The applicant was well aware that animals are in Pick up. The applicant is not entitled for any indulgence by this Court. Hence, the anticipatory bail application of the applicant may be rejected.

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The object of Section 482 of the B.N.S. is that a person should not be unnecessarily harassed or humiliated in order to satisfy personal vendetta or grudge of complainant or any other person operating the things directly or from behind the curtains.

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It is well settled that discretionary power conferred by the legislature on this Court cannot be put in a straitjacket formula but such discretionary power either grant or refusal of anticipatory bail has to be exercised carefully in appropriate cases with

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circumspection on the basis of the available material after evaluating the facts of the particular case and considering other relevant factors (nature and gravity of accusation, role attributed to accused, conduct of accused, criminal antecedents, possibility of the applicant to flee from justice, apprehension of tempering of the witnesses or threat to the complainant, impact of grant of anticipatory bail in investigation or society etc.) with meticulous precision maintaining balance between the conflicting interest, namely, sanctity of individual liberty and interest of society.

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Without expressing any opinion on merits of the case and considering the submissions advanced, the nature and gravity of the accusation, I find no good ground for anticipatory bail to the applicant in the aforesaid case.

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Accordingly, the anticipatory bail application of the applicant- Jumrati Ali, involved in aforesaid case crime, is, hereby rejected .

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However, if the applicant appears and surrenders before the court below within two weeks and applies for bail, his bail application shall be considered and disposed of in accordance with law.

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For the period of two weeks from today or till the time of surrender of the applicant before the Court below, whichever is earlier, no coercive action shall be taken against him.

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Order Date :- 9.1.2025 SKD

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

Jumrati Ali v. State of U.P. and Another

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