High Court

"Heard learned counsel for the applicant, learned AGA for the State and perused the record. The instant application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 254 of 2024, under sections 3/5/8 of U.P. Prevention of Cow Slaughter Act and Sections 11/12 of Prevention of Cruelty to Animal Act, Police Station Inayat Nagar, District Ayodhya (Faizabad). Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated. He next submits that the applicant is not named in the First Information Report and even he was not arrested by the police on spot. He submits that the applicant is neither driver nor the owner of the vehicle in question and the police has planted him in the instant case. He also submits that the applicant has six cases criminal history which has been explained and out of those cases, there is no criminal history with respect to Cow Slaughter Act. Adding his argument, learned counsel for the applicant submits that the applicant is a law abiding citizen and he is cooperating in the investigating proceeding and he would never abscond. He next submits that there is an acute apprehension that the police will arrest the applicant and therefore, he may be enlarged on anticipatory bail. On the other hand, learned AGA appearing for the State has opposed the contentions aforesaid and submits that the applicant is not entitled for any relief. Considering the aforesaid facts and circumstances of the case and after perusal of the record, it transpires that the applicant is not named in the FIR; the applicant was not arrested on spot; the applicant is neither driver nor owner of the vehicle in question; the applicant has six cases criminal history which has been explained; he has no criminal history with respect to Cow Slaughter Act, coupled with the fact that he is cooperating in the investigation proceeding and would never abscond, this Court finds it to be a fit case for grant of interim anticipatory bail. Accordingly, till the next date of listing, the present applicant-Kalloo @ Mohammad Israr Khan, shall be released forthwith, in the event of his arrest, in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing a personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (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 them from disclosing such facts to the court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that in case chargesheet is submitted the applicant shall not tamper with the evidence during the trial; (v) that the applicant shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail. Let notice be issued to opposite party no. 2, returnable at an early date. Steps be taken within a week. If the steps are taken, the office shall proceed accordingly. List/put up this matter in the third week of January, 2025. In the meantime, learned counsel for the State as well as opposite party no. 2 shall file their counter affidavits." From perusal of the order dated 10.12.2024, it transpires that State counsel as well learned counsel for the complainant were directed to file Counter Affidavits but, the same have not been filed as yet. Learned State Counsel has failed to demonstrate that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicant was enlarged on an interim anticipatory bail after thorough considering the merits of the case. The learned counsel for the State has also failed to substantiate that the present applicant is not cooperating with the investigation proceedings. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely,Kalloo @ Mohammad Israr Khan till disposal of the trial subject to the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (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 leave India without the previous permission of the court; (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) pressurize/intimidate the prosecution witness. the applicant In case of default, it would be open for the Investigating Agency to move application for vacation of this protection. It is further directed that the applicant shall appear before the Investigating Officer on 24-02-2025 at 02.00 P.M. He shall remain present on each and every date as per the requirement of the Investigating Officer, failing which, the State is at liberty to move an application for cancellation of the bail. Order Date :- 18.2.2025 AKS

"Heard learned counsel for the applicant, learned AGA for the State and perused the record. The instant application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 254 of 2024, under sections 3/5/8 of U.P. Prevention of Cow Slaughter Act and Sections 11/12 of Prevention of Cruelty to Animal Act, Police Station Inayat Nagar, District Ayodhya (Faizabad). Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated. He next submits that the applicant is not named in the First Information Report and even he was not arrested by the police on spot. He submits that the applicant is neither driver nor the owner of the vehicle in question and the police has planted him in the instant case. He also submits that the applicant has six cases criminal history which has been explained and out of those cases, there is no criminal history with respect to Cow Slaughter Act. Adding his argument, learned counsel for the applicant submits that the applicant is a law abiding citizen and he is cooperating in the investigating proceeding and he would never abscond. He next submits that there is an acute apprehension that the police will arrest the applicant and therefore, he may be enlarged on anticipatory bail. On the other hand, learned AGA appearing for the State has opposed the contentions aforesaid and submits that the applicant is not entitled for any relief. Considering the aforesaid facts and circumstances of the case and after perusal of the record, it transpires that the applicant is not named in the FIR; the applicant was not arrested on spot; the applicant is neither driver nor owner of the vehicle in question; the applicant has six cases criminal history which has been explained; he has no criminal history with respect to Cow Slaughter Act, coupled with the fact that he is cooperating in the investigation proceeding and would never abscond, this Court finds it to be a fit case for grant of interim anticipatory bail. Accordingly, till the next date of listing, the present applicant-Kalloo @ Mohammad Israr Khan, shall be released forthwith, in the event of his arrest, in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing a personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (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 them from disclosing such facts to the court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that in case chargesheet is submitted the applicant shall not tamper with the evidence during the trial; (v) that the applicant shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail. Let notice be issued to opposite party no. 2, returnable at an early date. Steps be taken within a week. If the steps are taken, the office shall proceed accordingly. List/put up this matter in the third week of January, 2025. In the meantime, learned counsel for the State as well as opposite party no. 2 shall file their counter affidavits." From perusal of the order dated 10.12.2024, it transpires that State counsel as well learned counsel for the complainant were directed to file Counter Affidavits but, the same have not been filed as yet. Learned State Counsel has failed to demonstrate that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicant was enlarged on an interim anticipatory bail after thorough considering the merits of the case. The learned counsel for the State has also failed to substantiate that the present applicant is not cooperating with the investigation proceedings. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely,Kalloo @ Mohammad Israr Khan till disposal of the trial subject to the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (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 leave India without the previous permission of the court; (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) pressurize/intimidate the prosecution witness. the applicant In case of default, it would be open for the Investigating Agency to move application for vacation of this protection. It is further directed that the applicant shall appear before the Investigating Officer on 24-02-2025 at 02.00 P.M. He shall remain present on each and every date as per the requirement of the Investigating Officer, failing which, the State is at liberty to move an application for cancellation of the bail. Order Date :- 18.2.2025 AKS