Mohd. Saddam v. State of U.P. and Another

Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12183 of 2023 Applicant :- Mohd. Saddam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.

¶1Supplementary affidavit filed today is taken on record.

¶2This application has been moved on behalf of the applicant - Mohd. Saddam seeking anticipatory bail in Case Crime No. 611 of 2023, under Sections 3/5/8 U.P. Prevention of Cow Slaughter Act and Section 11(1)(d) Prevention of Cruelty to Animals Act and Section 307 IPC, Police Station Auraiya, District Auraiya.

¶3Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶4It is submitted by the learned counsel for the applicant that applicant is innocent and he has apprehension of arrest in the above-mentioned case, whereas there is no credible evidence against him. Allegations levelled against the applicant are false. It is also submitted that the applicant is not named in the F.I.R. A total of 38 alive cow prognies were recovered and no actual slaughtering has taken place and no beef has been recovered. Applicant is not the owner of the Truck wherein the said animals were being transported. Criminal history of the applicant has been explained sufficiently. After completion of investigation, charge sheet has been submitted in the matter. No process under Sections 82 and 83 CrPC has been issued against the applicant and the applicant has not been declared absconder. In case applicant is granted anticipatory bail, he will not misuse the liberty of bail and would obey all conditions of bail.

¶5Learned A.G.A. opposed the prayer for anticipatory bail. 6 I have considered the rival submissions made by the learned counsel for the parties.

¶7From the perusal of the record it reveals that police force was assaulted by some miscreants when the Force made a raid upon some Trucks after receiving information of cow slaughtering. A total of 38 cow prognies were recovered in alive condition. F.I.R. was lodged on 25.6.2023 and investigation started, which culminated into charge sheet. It also reveals that no actual slaughtering has taken place and no beef has been recovered in this case. The I.O. did not require arrest of the present applicant during investigation and now after submission of charge sheet no custodial interrogation is required.

¶8In Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, the Hon'ble Apex Court has settled the law on the subject finally by holding that the anticipatory bail need not be of limited duration invariably. In appropriate case, it can continue upto conclusion of trial. It has been further held therein that anticipatory bail granted can, depending on the conduct and behavior of the accused, continue after filing of the charge sheet till end of trial. It has been further held by the Hon'ble Apex Court 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.

¶9Considering the settled principles of law regarding anticipatory bail, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, in my view, it is a fit case for anticipatory bail to the applicant till the end of trial.

¶10The application is allowed accordingly.

¶11In the event of arrest of the applicant, he shall be released on anticipatory bail on his furnishing a personal bond of Rs.50,000/-with two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:-

(i) The applicant shall make himself available before the Court concerned on the date fixed in the matter and will cooperate in the trial.

(ii) 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/her from disclosing such facts to the Court or to any police office.

(iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. Concerned.

¶12In case of default of any of the conditions, the same may be a ground for cancellation of protection granted to the applicant. Order Date :- 17.11.2023 safi High Court of Judicature at Allahabad High Court of Judicature at Allahabad