Dhodhey Alias Taj Mohammad v. State of U.P. Thru. Prin. Secy. Home, Lucknow and Another

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2246 of 2023 Applicant :- Dhodhey Alias Taj Mohammad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lucknow And Another Counsel for Applicant :- Rahul Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Rahul Mishra, the learned counsel for the applicant, Sri Jayant Singh Tomar, the learned A.G.A.-I for the State and perused the records.

¶2The instant application has been filed seeking anticipatory bail in Case Crime No. 85 of 2018, under Sections 3/5/8 of Uttar Pradesh Prevention of Cow Slaughter Act, 1955, registered at Police Station Aliganj, District Ambedkar Nagar.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 20.07.2018 against five persons, including the applicant, alleging that on the basis of an information received from a mukhbir the police reached the house of co-accused Jhinku and two persons Salman and Anwari were arrested from the house and about 70 kilograms flesh of cow progenies and some other articles were recovered from there. The other accused persons were implicated on the basis of custodial statement of the aforesaid persons.

¶4In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant's involvement in 12 other cases has been disclosed in para 12 of the affidavit filed in support of the bail application in all of which he was granted bail The co-accused persons Jhinku @ Hayat Mohammad and Mohd. Rashid have already been enlarged on bail by means of orders dated 28.01.2019 and 31.07.2023 passed by this Court in Bail No. 572 of 2019 and Criminal Misc. Bail Application No. 9581 of 2023 respectively.

¶5The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶6Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant was not arrested on the spot and he was implicated in the present case on the basis of custodial statement of co-accused persons and another co-accused persons Jhinku @ Hayat Mohammad and Mohd. Rashid, who were also implicated on the basis of same statement have already been enlarged on bail by this court and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant in the aforesaid case.

¶9In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Dhodhey Alias Taj Mohammad before the learned Trial Court in the aforesaid complaint case, he shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court:

(i). That the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted;

(ii). 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 or tamper with the evidence;

(iii). That the applicant shall not pressurize/ intimidate the prosecution witness. Order Date :- 13.10.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench