Vikas Yadav v. State of U.P. and Another

Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12281 of 2023 Applicant :- Vikas Yadav Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Brijesh Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.

¶1Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶2Apprehending his arrest in Case Crime No.0070 of 2022, under Section 3/5A/8 of U.P. Prevention of Cow Slaughter Act, 1955 and Section 11 Prevention of Cruelty to Animal Act, Police Station-Badhalganj, District-Gorakhpur the applicant - Vikas Yadav has filed this anticipatory bail application seeking anticipatory bail in the aforesaid crime number.

¶3It is submitted by the learned counsel for the applicant that the applicant is innocent and he has apprehension of his arrest in the above-mentioned case, whereas there is no credible evidence against him. He has been falsely implicated into this matter. Allegations levelled against the applicant are false. Investigation is going on into the matter. Applicant has no concern with the present matter. It is further submitted that no actual slaughtering has taken place in the matter. It is further submitted that a recovery of 27 cow progenies including four dead cow progenies has been shown from the Truck No. UP50F4769 wherein they are said to be transported. No beef has been recovered from the vehicle. It is further submitted that the applicant is ready to cooperate with the investigation. It is further submitted that no custodial interrogation is required in this matter from the applicant and as such, he is entitled for anticipatory bail.

¶4Per contra, learned A.G.A. opposed the prayer for anticipatory bail and it has been vehemently submitted that 27 cow progenies including four dead animals have been recovered from the Truck wherein they were being transported in a cruel manner. The offence is serious in nature, therefore a prayer for rejection of anticipatory bail application has been made.

¶5Prima facie it appears from the perusal of the record that a recovery of total 27 cow progenies including 4 dead cow progenies has been made from the vehicle in question wherein they are said to be transported in bad condition. Investigation into the matter is going on and custodial interrogation of the applicant in this matter prima facie appears to be necessary.

¶6In Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, the Hon'ble Apex Court has held that while considering an application for grant of anticipatory bail, the court has to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation, or tampering with evidence including intimidating witnesses, likelihood of fleeing justice, such as leaving the country, etc. It has further been held that Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case, while considering whether to grant anticipatory bail, or refuse it. Whether to grant or not is a matter of discretion.

¶7Hence, considering the settled principles of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion of the merits of the case, in my view, it is not a fit case for anticipatory bail to the applicant. The prayer made in the application is refused.

¶8The anticipatory bail application is rejected.

¶9In the last, learned counsel for the applicant has urged that direction be given to the learned Court concerned to consider and decide the bail application of the applicant in terms of the law laid down by the Hon'ble Apex Court in Satender Kumar Antil vs. Central Bureau of Investigation and another, 2022 SCC OnLine SC 825.

¶10Hence, it is observed that the bail application of the applicants, if moved, shall be considered and decided by the Court concerned in accordance with law. Order Date :- 8.11.2023 Fhd High Court of Judicature at Allahabad High Court of Judicature at Allahabad