IRFAN v. State of U.P. AND 2 OTHERS
Court: Allahabad High Court
Bench: SIDDHARTH
Judgment date:
Case summary
Allahabad High Court judgment dated 2020-11-24. IRFAN v. State of U.P. AND 2 OTHERS. Read the judgment and case details on LawSphereX.
Judgment text
Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR. P. C. No. - 7697 of 2020 Applicant :- Irfan Opposite Party :- State Of U. P. And 2 Others Counsel for Applicant :- Alka Upadhyay,Mandvi Tripathi Counsel for Opposite Party :- G. A. Hon'ble Siddharth,J. Heard learned counsel for the applicant and learned AGA. Perused the material on record. Order on Criminal Misc. Exemption Application This exemption application is allowed. Order on Criminal Misc. Anticipatory Bail Application The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant, namely, Irfan, in Case Crime No. 61 of 2020, under Sections 3/5/8 U. P. Cows Slaughter Act, 1955 and section 4/11 of Animal Creuelty Act,1871 , Police Station - Saurikh, District - Kannauj. Applicant has been implicated for the offence under Cow Slaughter Act. Learned counsel for the applicant has submitted that it is a case of false implication.
He was not arrested from the spot. The applicant has no criminal history to his credit. Applicant has definite apprehension of his arrest by the police. Learned AGA has opposed the prayer for anticipatory bail of the applicant. Without expressing any opinion on the merits of the case and considering the nature of accusation and his antecedents, the applicant is entitled to be released on anticipatory bail in this case for the limited period considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98. In the event of arrest of the applicant 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 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 from disclosing such facts to the Court or to any police office; (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. (iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(v) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. In default of any of the conditions, the Investigating Officer is 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, independently without being prejudiced by any observations 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 the official website of this Court before the S. S. P. /S. P. concerned within ten days from today, who shall ensure the compliance of present order. Order Date :- 24. 11. 2020 Atul kr. sri.
Source: Allahabad High Court. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.