High Court
Case Details
Heard Ms. Arti Shukla, learned counsel for the applicant, learned AGA for the State and perused the material placed on record. Instant application has been filed with the prayer to enlarge the applicant- Irfan on anticipatory bail in Case Crime (FIR) No. 452 of 2024, under Sections 3/5A/8 of U.P. Prevention of Cow Slaughter Act, Police Station Chanda, District Sultanpur. From perusal of the order sheet, it appears that on 17.10.2024, following order was passed wherein the present applicant has been granted interim anticipatory bail:- "Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The applicant is seeking anticipatory bail under Section 482 of the B.N.S.S., 2023 in connection with F.I.R. dated 19.09.2024, lodged at F.I.R./Case Crime No.0452/2024, under Sections 3/5A/8 of the U.P. Prevention of Cow Slaughter Act, Police Station - Chanda, District - Sultanpur. It has been submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the case. It is further submitted that the police has recovered beef from the possession of the named accused. It has been shown by the Investigating Officer that having seen the police party some persons fled away, out of them the applicant was also one who fled from the spot. Learned counsel for the applicant has further submitted that nothing has been recovered from the possession of the applicant. One of the main accused who was arrested on the spot with beef and cutting weapons has been released on bail by the trial court vide order dated 24.09.2024. Applicant has been implicated only on the basis of his previous criminal history of 02 cases in which the applicant is on bail. He has not been convicted in any of the offence. Learned counsel for the applicant has also submitted that there is an apprehension that police will arrest the applicant in connection with the above F.I.R., therefore, an interim protection may be granted to the applicant. Applicant is ready to co-operate in the investigation/interrogation. He will not flee from justice. He is entitled to get the relief of anticipatory bail. Learned A.G.A. has opposed the prayer and submitted that he may be granted time to submit counter affidavit. Considering the submission of learned counsel for the applicant, overall facts and circumstances of the case, in anticipation of arrest, applicant is entitled for interim protection till the next date of listing. The applicant (Irfan), involved in F.I.R. dated 19.09.2024, lodged at F.I.R./Case Crime No.0452/2024, under Sections 3/5A/8 of the U.P. Prevention of Cow Slaughter Act, Police Station - Chanda, District - Sultanpur, if arrested, after passing of this order, shall be released on interim bail, subject to the following conditions. (i). In the event of arrest, the applicant involved in the aforesaid case, be released on anticipatory bail on his furnishing a personal bond of Rs.50,000/- with two sureties of the like amount to the satisfaction of the Station House Officer of the police station concerned. (ii). The applicant shall make himself available for investigation/search/recovery/interrogation by the police officer/Investigating Officer as and when required. (iii). 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; and (iv). The applicant shall not leave India without the previous permission of the court and if he has any passport, he shall deposit the same with the trial court concerned. (v) In case charge sheet is submitted, applicant shall attend the court in accordance with conditions of the bond executed under the B.N.S.S., 2023. (vi) Applicant shall not commit any offence similar to the offence of which he is accused of or commission of which he is suspected. In default or misuse of any of the above conditions, the public prosecutor/counsel for the informant is at liberty to file appropriate application for cancellation of interim protection so granted. List this case after three weeks for final disposal of the anticipatory bail application. In the meantime, learned A.G.A. may file counter affidavit. Let a copy of this order be communicated to the S.P./S.S.P./Commissioner of Police concerned." From perusal of the order dated 17.10.2024, it transpires that 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 thoroughly considering the merits of the case. The learned counsel for the State has also failed to submit any fact that the applicant is not cooperating with the investigation proceeding or otherwise any glaring fact which can adversely affect the merit of the case. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Irfan 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) that the applicant shall not pressurize/intimidate the prosecution witness. In case of default, it would be open for the Investigating Agency to move application for vacation of this interim protection. Order Date :- 27.1.2025/Praveen
Heard Ms. Arti Shukla, learned counsel for the applicant, learned AGA for the State and perused the material placed on record. Instant application has been filed with the prayer to enlarge the applicant- Irfan on anticipatory bail in Case Crime (FIR) No. 452 of 2024, under Sections 3/5A/8 of U.P. Prevention of Cow Slaughter Act, Police Station Chanda, District Sultanpur. From perusal of the order sheet, it appears that on 17.10.2024, following order was passed wherein the present applicant has been granted interim anticipatory bail:- "Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The applicant is seeking anticipatory bail under Section 482 of the B.N.S.S., 2023 in connection with F.I.R. dated 19.09.2024, lodged at F.I.R./Case Crime No.0452/2024, under Sections 3/5A/8 of the U.P. Prevention of Cow Slaughter Act, Police Station - Chanda, District - Sultanpur. It has been submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the case. It is further submitted that the police has recovered beef from the possession of the named accused. It has been shown by the Investigating Officer that having seen the police party some persons fled away, out of them the applicant was also one who fled from the spot. Learned counsel for the applicant has further submitted that nothing has been recovered from the possession of the applicant. One of the main accused who was arrested on the spot with beef and cutting weapons has been released on bail by the trial court vide order dated 24.09.2024. Applicant has been implicated only on the basis of his previous criminal history of 02 cases in which the applicant is on bail. He has not been convicted in any of the offence. Learned counsel for the applicant has also submitted that there is an apprehension that police will arrest the applicant in connection with the above F.I.R., therefore, an interim protection may be granted to the applicant. Applicant is ready to co-operate in the investigation/interrogation. He will not flee from justice. He is entitled to get the relief of anticipatory bail. Learned A.G.A. has opposed the prayer and submitted that he may be granted time to submit counter affidavit. Considering the submission of learned counsel for the applicant, overall facts and circumstances of the case, in anticipation of arrest, applicant is entitled for interim protection till the next date of listing. The applicant (Irfan), involved in F.I.R. dated 19.09.2024, lodged at F.I.R./Case Crime No.0452/2024, under Sections 3/5A/8 of the U.P. Prevention of Cow Slaughter Act, Police Station - Chanda, District - Sultanpur, if arrested, after passing of this order, shall be released on interim bail, subject to the following conditions. (i). In the event of arrest, the applicant involved in the aforesaid case, be released on anticipatory bail on his furnishing a personal bond of Rs.50,000/- with two sureties of the like amount to the satisfaction of the Station House Officer of the police station concerned. (ii). The applicant shall make himself available for investigation/search/recovery/interrogation by the police officer/Investigating Officer as and when required. (iii). 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; and (iv). The applicant shall not leave India without the previous permission of the court and if he has any passport, he shall deposit the same with the trial court concerned. (v) In case charge sheet is submitted, applicant shall attend the court in accordance with conditions of the bond executed under the B.N.S.S., 2023. (vi) Applicant shall not commit any offence similar to the offence of which he is accused of or commission of which he is suspected. In default or misuse of any of the above conditions, the public prosecutor/counsel for the informant is at liberty to file appropriate application for cancellation of interim protection so granted. List this case after three weeks for final disposal of the anticipatory bail application. In the meantime, learned A.G.A. may file counter affidavit. Let a copy of this order be communicated to the S.P./S.S.P./Commissioner of Police concerned." From perusal of the order dated 17.10.2024, it transpires that 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 thoroughly considering the merits of the case. The learned counsel for the State has also failed to submit any fact that the applicant is not cooperating with the investigation proceeding or otherwise any glaring fact which can adversely affect the merit of the case. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Irfan 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) that the applicant shall not pressurize/intimidate the prosecution witness. In case of default, it would be open for the Investigating Agency to move application for vacation of this interim protection. Order Date :- 27.1.2025/Praveen