Allahabad High Court
Saiduzzama @ Zama vs State Of U.P. on 18 August, 2020
HIGH COURT OF JUDICATURE AT ALLAHABAD ?In Chamber Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4601 of 2020 Applicant :- Saiduzzama @ Zama Opposite Party :- State of U.P. Counsel for Applicant :- Jagdish Prasad Mishra Counsel for Opposite Party :- G.A. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Jagdish Prasad Mishra, learned counsel for the applicant through video conferencing. Sri G.P. Singh, learned A.G.A. for the State is present. Perused the record.
This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 164 of 2020 under section 3/8 Cow Slaughter Act, Police Station Meerapur, District Muzaffarnagar, during the pendency of the investigation.
Learned counsel for the applicant has argued that the applicant is innocent. He is not named in the FIR. The co-accused Sayyad was arrested in case crime no. 170 of 2020 on 12.6.2020 pertaining to P.S. Meerapur under section 307 IPC in police encounter case in which the said co-accused Sayyad had taken the name of the accused-applicant being involved in the present case in confessional statement. No recovery has been made from the accused-applicant of any beef. He has no criminal history. He has apprehension of imminent arrest. If released on bail he would not misuse the liberty and would co-operate with the investigation.
Learned A.G.A. has vehemently opposed the prayer for granting bail but could not controvert the aforesaid fact.
Taking into consideration the gravity of accusation, there being no criminal antecedents of the applicant except above and there being no possibility of his fleeing from justice, without expressing any opinion on the merits of the case, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant Saiduzzama @ Zama involved in the aforesaid case shall be released on anticipatory bail till the submission of police report if any under section 173 (2) Cr.P.C. before the competent Court on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions.
(i) the applicant shall make himself available for interrogation by a police officer as and when required;
(ii) 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/her/them from disclosing such facts to the Court or to any police officer;
(iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the S.S.P./S.P. concerned.
In default of any of the conditions, the Investigating Officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order downloaded from official website of High Court Allahabad and verified by the learned counsel for the applicant, independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.
The applicant is directed to produce a copy of this order downloaded from official website of High Court Allahabad and verified by the learned counsel for the applicant before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
Order Date :- 18.8.2020 AU