The court may grant anticipatory bail based on the facts and circumstances of the case, including the lack of disclosure of crucial information and the improbability of the allegations.

JUDGMENT :

1. Heard Sri Avinash Srivastava holding brief of Sri Ashok KUmar Srivastava, the learned counsel for the applicant as well as Sri Jayant Singh Tomar, the learned AGA-I for the State and perused the records.

2. The instant application has been filed by the applicant seeking anticipatory bail in an FIR bearing Case Crime No. 665 of 2020, under Sections 3, 5, 8 of Cow Slaughter Act, 1955, Police Station Lalganj, District Pratapgarh.

3. The aforesaid case has been registered on the basis of an FIR lodged by a Sub Inspector of Police on 01.10.2020 against four unnamed persons, alleging that on the basis of information received from a mukhbir, a police party reached a grove and upon seeing them, the accused persons started running away on two motorcycles. When they were chased, they left one motorcycle and all of them escaped on the other motorcycle. Flesh of cow progeny packed in a sac was kept on the motorcycle and some remains of a cow progeny was laying nearby.

4. In the affidavit filed in support of the application, it has been contended that the applicant is innocent, he has falsely been implicated in the present case and that he has no criminal history.

5. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the FIR does not disclose the quantity of flesh allegedly recovered; that the narration made in the FIR that four accused persons were trying to escape on two motorcycles but upon being chased, they left one motorcycle on the spot and all four of them escaped on the other motorcycle, appears to be inherently improbable; that the applicant has no previous criminal history, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant.

6. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Mohammad Ali @ Gulam before the learned Trial Court in the aforesaid case, he shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court:

(i). That the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted;

(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 pressurize/ intimidate the prosecution witness.