Irfan & Anr. v. State of U.P & Anr.

Heard Mr. Pradeep Saxena, learned counsel for applicants on exemption application. Exemption application is allowed. Order on application for anticipatory bail Heard Mr. Pradeep Saxena, learned counsel for applicants and learned A.G.A. for State. This application for anticipatory bail has been filed by applicants- Irfan and Meharban @ Lukka in connection with Case Crime No.239 of 2021, under Sections 3/5/8 Prevention of Cow Slaughter Act, 1955 Police Station- Binavar, District- Badaun. At the very outset, learned A.G.A. contends that in Paragraph 9 of the affidavit filed in support of the present application for anticipatory bail, it has been averred that applicants have no criminal history. However, applicant no.1 Irfan has criminal history of 9 cases which are detailed hereinunder:- 1). Case Crime No.239/2021, under Sections 3/5/8 Uttar Pradesh Prevention of Cow Slaughter Act, 1955, Police Station Binavar, District Budaun.

2). Case Crime No.42/2013, under Section 60 Excise Act, Police Station Binavar, District Budaun. 3). Case Crime No.740/2017, under Sections 411, 413, 414 I.P.C. & Section Section 11 Prevention of Cruelty to Animal Act, 1960 Police Station Binavar, District Budaun. 4). Case Crime No.257/2009, under Sections 379, 302 I.P.C., Police Station Binavar, District Budaun. 5). Case Crime No.273/2019, under Sections 3/5/8 Uttar Pradesh Prevention of Cow Slaughter Act, 1955, Police Station Binavar, District Budaun. 6). Case Crime No.96/2020, under Sections 2/3 U.P. Gangster Act, Police Station Binavar, District Budaun. 7). Case Crime No.436/2017, under Section 379 I.P.C., Police Station Kunvargaon, District Budaun. 8). Case Crime No.12/2013, under Section 60 Excise Act, Police Station Binavar, District Budaun. 9). Case Crime No.79/2022, under Section 174-A I.P.C., Police Station Binavar, District Budaun. Similarly, applicant no.2 Meharban @ Lukka has also criminal history of 7 cases, which are detailed hereinunder:- 1).

Case Crime No.273/2019, under Sections 3/5/8 Uttar Pradesh Prevention of Cow Slaughter Act, 1955, Police Station Binavar, District Budaun. 2). Case Crime No.22/2020, under Sections 3/5/8 Uttar Pradesh Prevention of Cow Slaughter Act, 1955, Police Station Binavar, District Budaun. 3). Case Crime No.25/2020, under Section 307 I.P.C., Police Station Binavar, District Budaun. 4). Case Crime No.23/2020, under Sections 3/25 Arms Act, Police Station Binavar, District Budaun. 5). Case Crime No.94/20, under Sections 3/5/8 Uttar Pradesh Prevention of Cow Slaughter Act, 1955, Police Station Binavar, District Budaun. 6). Case Crime No.239/2021, under Sections 3/5/8 Uttar Pradesh Prevention of Cow Slaughter Act, 1955, Police Station Binavar, District Budaun. 7). Case Crime No.79/2022, under Section 174-A I.P.C., Police Station Binavar, District Budaun. Placing reliance upon the judgment of Supreme Court in Neeru Yadav Vs.

State of U.P., reported at 2016 (15) SCC 422, learned A.G.A. contends that no indulgence be granted by this Court in favour of applicants. In view of above, learned A.G.A. contends that applicants do not deserve any sympathy of this Court and this application for anticipatory bail be rejected. When confronted with above, learned counsel for applicants could not over come the same. Having heard learned counsel for the parties and upon perusal of material brought on record as well as complicity of accused and also judgment of the Apex Court in the case of P. Chidambaram Vs. Directorate of Enforcement, AIR 2019 SC 4198, this Court does not find any exceptional ground to exercise its jurisdiction under Section 438 Cr.P.C. Accordingly, the present application for anticipatory bail is rejected. Order Date :- 6.5.2022 Zafar ZAFAR ANSARI Reason: Location: High Court of Judicature at Allahabad