Court No. - 77

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438

CR.P.C. No. - 2089 of 2020

Applicant :- Tahsin Begum And 2 Ors

Opposite Party :- State of U.P.

Counsel for Applicant :- D.M.Tripathi

Counsel for Opposite Party :- G.A.

Hon'ble Mrs. Manju Rani Chauhan,J.

Heard Mr. D.M. Tripathi, learned counsel for the applicants and Mr. Pankaj

Srivastava, 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

applicants in Case Crime No.724 of 2019, under Sections 147, 148, 149, 307,

341, 323, 224, 225, 336, 504, 506, 333, 332, 353 I.P.C & Section 7 Criminal

Law Amendment Act, Police Station-Dhoomanganj, District-Prayagaraj, with a

prayer to enlarge them on anticipatory bail.

On 28.02.2020, the following order was passed:-

"Heard Sri D.M.Tripathi, learned counsel for the applicant and Sri B. A. Khan, learned

A.G.A. for the State.

This anticipatory bail application has been moved seeking bail in Case Crime No. 724 of

2019, under Sections 147, 148, 149, 307, 341, 323, 224, 225, 336, 504, 506, 33, 332, 353

I.P.C. and under Section 7 of Criminal Law Amendment Act, Police Station Dhoomanganj,

District Prayagraj (Allahabad), during the pendency of trial.

As per the F.I.R., the informant who is a Sub-Inspector had gone to place of occurrence in

order to arrest the accused of Case Crime No. 210 of 2019, under Section 3/5/8 of Cow

Slaughter Act and Section 11 of Animal Cruelty Act and when the accused of the aforesaid

case namely, Nurain was arrested, the accused applicants who are named in the F.I.R. along

with other co-accused who are not named in the F.I.R., are said to have got the said accused

freed from the custody of police and in the process they are stated to have assaulted the police

party by lathi-danda and even firing was also made.

The submission of the learned counsel for the applicants are that the accused applicants have

been falsely implicated in the present case; they have not been assigned any specific role; no

injury is caused to anyone. The co-accused namely, Hasnain, Mahtab Alam, Mohd. Aasif and

Mohd. Sabir @ Sakib have already been granted anticipatory bail by this Court. copies of

orders have been annexed at page nos. 54 to 57 of the paper book. They are apprehending

imminent arrest by the police.They have no criminal history. If released on bail they would

not misuse the liberty and would co-operate with the investigation.

Learned A.G.A. has vehemently opposed the prayer for granting anticipatory bail to the

accused applicant.

List this case on 20.04.2020, and by the said date, counter affidavit be filed from the side of

learned A.G.A.

Taking into consideration the gravity of accusation, there being no criminal antecedents of

the applicant 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 interim

anticipatory bail in this case.

In the event of arrest of the applicant Tahsin Begum, Rohi and Roofiya involved in Case

Crime No. 724 of 2019, under Sections 147, 148, 149, 307, 341, 323, 224, 225, 336, 504, 506,

33, 332, 353 I.P.C. and under Section 7 of Criminal Law Amendment Act, Police Station

Dhoomanganj, District Prayagraj (Allahabad), he shall be released on interim anticipatory

bail during investigation till the date fixed, on his furnishing a personal bond of Rs. 25,000/-

with two sureties of the like amount to the satisfaction of the Station House Officer of the

police station concerned on the on the following conditions:

1. that the applicants shall make themselves available for interrogation by a police officer as

and when required;

2. that the applicants 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 them from disclosing

such facts to the court or to any police officer or tamper with t