Allahabad High Court
Sunil Alias Azan Alias Ajmal Qureishi vs State Of U.P. on 2 November, 2022
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 78 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10246 of 2022 Applicant :- Sunil Alias Azan Alias Ajmal Qureishi Opposite Party :- State of U.P. Counsel for Applicant :- Dhirendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
Heard Sri Dhirendra Pratap Singh, learned counsel for the applicant and Sri Ram Mohit Yadav, learned A.G.A. for the State as well as perused the record.
The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No. 366 of 2021, under Sections 3/5A/8 of U.P. Prevention of Cow Slaughter Act, Police Station Gulhariya, District Gorakhpur, with a prayer to enlarge him on anticipatory bail.
As per prosecution story, the applicant and other co-accused persons are stated to have run away from the scene of occurrence and about 8 to 10 kg of beef is stated to have been recovered from the house of the applicant on 11.7.2022.
Learned counsel for the applicant has stated that the applicant is maliciously being prosecuted in the present case due to ulterior motive. The applicant has nothing to do with the said offence as alleged by the prosecution. The said allegations are false as there is nothing on record to suggest that the said beef pertains to cow progeny and at the time of alleged recovery, there was an Eid festival and the alleged meat was not beef rather it was mutton. The applicant has no criminal history. In case, the anticipatory bail application of the applicant is allowed, he will not misuse the liberty and shall cooperate with investigation/trial.
On the other hand, learned A.G.A. has vehemently opposed the prayer for grant of anticipatory bail but could not dispute the fact that the applicant has no criminal history.
On due consideration to the arguments advanced by the learned counsel for the parties and in view of the law laid down by the Apex Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98", the applicant is entitled to be granted anticipatory bail in this case.
Without expressing any opinion upon ultimate merits of the case either ways which may be adversely affect the trial of the case, the anticipatory bail application of the applicant is allowed.
In the event of arrest of the applicant, Sunil Alias Azan Alias Ajmal Qureishi involved in the aforesaid case crime number, shall be released on bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court Concerned, with the conditions that:-
1. that the applicant shall make himself available for interrogation by a police officer as and when required;
2. 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;
3. that the applicant shall not leave India without previous permission of the court;
4. that the applicant shall not tamper with the evidence during the trial;
5. that the applicant shall not pressurize/ intimidate the prosecution witness;
6. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
In case of breach of any of the above conditions, the court below shall have the liberty to cancel the bail granted to the applicant.
It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 2.11.2022 Siddhant